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Agmt00 Metromedia Fiber Network
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Agmt00 Metromedia Fiber Network
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Last modified
9/26/2005 12:10:03 PM
Creation date
9/22/2005 3:35:02 PM
Metadata
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Template:
Agreement
Contractor Name
Metromedia Fiber Network Services
PROJECT NAME
encroachment agreement
RMP File Number
304
Date
11/16/2000
Reso Ref
14067
Box
6039
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<br />Agreement shall so state. <br /> <br />21. Termination. <br /> <br />(a) This Agreement may be terminated by City upon ninety (90) days written notice to <br />MFN if City determines in a non-discriminatory manner, that the provisions herein interfere with <br /> <br />the use or disposal of said Public Right-of-Way or any part thereof by City. Where only a <br /> <br />portion of MFN' Fiber Optic Network Facilities interferes with the use or disposal of said Public <br /> <br />Right-of-Way, MFN may relocate the said portion in accordance with Paragraph 8 of this <br /> <br />Agreement. This Agreement may be terminated by City for failure, neglect or refusal by MFN to <br /> <br />fully and promptly comply with any and all of the conditions of this Agreement, or for nonuse, <br /> <br />unless MFN is able to show to the City's satisfaction within thirty (30) days of receipt of the <br /> <br />notice that the cited condition has ceased, been corrected, or is diligently being pursued by <br /> <br />MFN. This Agreement may be terminated by MFN at any time, for any reason, by giving the <br /> <br />City ninety (90) days' written notice. <br /> <br />(b) Upon termination of this Agreement, and upon written request by City, MFN, at its <br /> <br />own cost and expense, agrees to remove or, at City's discretion, abandon in place some or all <br /> <br />of its Fiber Optic Network Facilities from the Public Right-of-Way as set forth in the Removal <br /> <br />and Relocation provisions of this Agreement. Should MFN in such event fail, neglect or refuse <br /> <br />to make such removals or restoration within one hundred eighty (180) days of City's written <br /> <br />request, at the sole option of City, such removal and restoration may be performed by City at the <br /> <br />expense of MFN which expense MFN agrees to pay to City upon demand. <br /> <br />22. Notice. <br /> <br />(a) MFN' Network Operations Control Center shall be available to City staff 24 hours a <br /> <br />day, 7 days a week, regarding problems or complaints resulting from the facilities installed <br /> <br />pursuant to this Agreement and may be contacted by telephone at (888) 636-2278 ("MFN- <br /> <br />Agrnt-409 <br />flsh/sh/Redwood <br />FXS:rg <br />10/05/00 <br /> <br />24 <br />
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