Agmt18 MCImetro Access Transmission Services Corp. DBA Verizon Access Transmission Services

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5.2.1 Reasonable determination by City that the provisions herein interfere with the use or disposal of the Public Rights -Of -Way or any part thereof by City. Where only a portion of Company's Facilities interfere with the use or disposal of the Public Rights -Of -Way, the City, at its sole discretion, may elect to require Company to relocate the said portion in accordance with Article 6 of this Agreement. 5.2.2 For failure, neglect, or refusal by the Company to fully and promptly comply with any and all of the conditions of this Agreement, or for nonuse in accordance with Section 6.2 herein, unless Company confirms within thirty (30) days of receipt of the notice that the cited condition has ceased, been corrected or, subject to the City's agreement, is diligently being pursued by the Company; 5.2.3 An order entered by a court of competent jurisdiction approving a petition in bankruptcy or ordering the dissolution, winding up or liquidation of Company or appointing a custodian, receiver, trustee, or other officer to administer a substantial part of Company's property. 5.2.4 The revocation, expiration or other loss of applicable permits or authorizations required by City, state or federal law for the use, maintenance or operation of the Facilities. 5.3 Occupancy/RemovaUAbandonment upon Termination. Company shall discontinue use of the Facilities immediately upon termination of this Agreement and within one hundred and twenty (120) days after termination of this Agreement, Company shall either completely remove the Facilities at Company's sole cost and expense or, with City approval, abandon the Facilities in place. The provisions of Articles 6.2-6.4 shall govern any such removal or abandonment. Notwithstanding the foregoing, the City Engineer may require a shorter period due to exigent circumstances and may authorize a longer period if it is in the public interest. If Company fails to remove the Facilities within the prescribed time period and the City has not approved abandonment in place, the City may remove the Facilities at the expense of Company, and Company shall promptly reimburse the City for any and all expenses, including but not limited to administrative, legal and consultant costs, within thirty (30) days after receiving an invoice from the City. ARTICLE 6 REMOVAL, RELOCATION AND ABANDONMENT 6.1 Upon receipt of a written demand from the City, Company, at its sole cost and expense, shall remove and relocate any Facilities installed, used and/or maintained by Company under this Agreement when such removal or relocation is made necessary (a) due to any work proposed to be done by or on behalf of the City or other governmental agency, including but not limited to, any change of grade, alignment or width of any street, sidewalk or other public facility, installation of curbs, gutters or landscaping and installation, construction, maintenance or operation of any underground or aboveground facilities such as sewers, drains, pipes, power lines, and tracks or (b) due to a determination by the City that the Facilities are detrimental to governmental activities. Company shall complete the removal or relocation within ninety (90) days of receipt of notice from the City or according to an agreed upon schedule with the City of no less than ninety (90) days. Notwithstanding the foregoing, the City Engineer may require a shorter period due to exigent circumstances and may authorize a longer period if it will not delay the public project. If Company fails to remove or relocate the facilities within the prescribed time period, City may remove the facilities at the expense of Company, and Company shall promptly reimburse the City for any and ATN/AGR/2017.284/MCIMETRO ACCESS TRANSMISSION SERVICES CORP D/B/A VERIZOON ACCESS TRANSMISSION SERVICES REV: 12-04-17 PR Page 7 of 16