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<br />in Public Right-ot-Way and shall repair, replace and restore in kind any such damaged tacilities <br /> <br />at its sole expense and to the approval of City. <br /> <br />Any premature deterioration ot the surface or subsurface improvements as determined <br /> <br />by City shall be the responsibility of MFN to the extent attributable to MFN' activities. This <br /> <br />responsibility shall survive this Agreement and shall extend either for (i) a period of two (2) <br /> <br />years following MFN' abandonment of MFN' most recent installation of, or improvements on, the <br /> <br />Facilities; or (ii) the date of completion of the Facilities, which will be constructed and installed <br /> <br />by MFN upon approval of this Agreement by City, as opposed to the construction and <br /> <br />installation of additional Facilities that may be constructed or installed at a later date, whichever <br /> <br />occurs last. MFN shall immediately on written notice from the City commence and thereafter <br /> <br />diligently and continually cause all necessary repairs to be completed; however, under no <br /> <br />circumstances may the period of time to complete all necessary repairs exceed ninety (90) days <br /> <br />or such longer period of time as may be reasonably required to complete the same in the event <br /> <br />of circumstances such as Act of God, Force Majeure, strike or to the extent the circumstances <br /> <br />prevent the completion of the repairs. In the event the repairs are not made, the City shall make <br /> <br />repairs with the cost being billed to MFN. <br /> <br />(b) If Public Right-of-Way to be used by MFN has preexisting installation(s), MFN shall <br /> <br />assume the responsibility to verify the location of the preexisting installations and notify the <br /> <br />owner(s) thereof of MFN' proposed installation. City will endeavor to notify MFN of the location <br /> <br />of preexisting installations insofar as it has knowledge of such location provided that City shall <br /> <br />have no liability whatsoever to MFN or any other third party as a result of its failure to do so. The <br /> <br />cost of any work required of such third party or City to provide adequate space or required <br /> <br />clearance to accommodate MFN' installation shall be borne solely by MFN. <br /> <br />12. Joint Particication With Other Utilities. <br /> <br />Agmt-409 <br />fIsh/shIRedwood <br />FXS:rg <br />10/05/00 <br /> <br />14 <br />