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<br />that MFN has actual notice thereby, it is understood that MFN, at its own cost and expense, <br /> <br />shall obtain such permission as may be necessary, consistent with any other existing rights. <br /> <br />Subject to the Provisions of this Agreement, City hereby licenses and permits MFN to construct, <br /> <br />install, maintain, locate, move, operate, place, protect, reconstruct, reinstall, relocate, remove, <br /> <br />and replace the Facilities underground or on existing poles, to the extent MFN may gain access <br /> <br />to these poles consistent with the rights of third parties under applicable laws, and existing and <br /> <br />future agreements within the Public <br /> <br />Right-of-Way for the purposes of providing <br /> <br />Telecommunications Services to Persons located within the limits of the City. <br /> <br />Any work <br /> <br />performed pursuant to the rights granted to MFN under this Agreement shall be subject to the <br /> <br />prior review and approval of the Director. <br /> <br />(d) Subject to the approval of <br /> <br />Director, the construction, installation, operation, <br /> <br />maintenance and removal of said Fiber Optic Network Facilities shall be accomplished without <br /> <br />cost or expense to City and in such a manner as not to endanger Persons or property, or <br /> <br />unreasonably obstruct travel on any road, walk or other access thereon within said Public Right- <br /> <br />of-Way. <br /> <br />4. Comoliance with Standards. <br /> <br />(a) MFN agrees to keep said Fiber Optic Network Facilities in good and safe condition <br /> <br />and free from any nuisance, to the reasonable satisfaction of Director. <br /> <br />(b) MFN shall construct, install, operate and maintain all Fiber Optic Network Facilities <br /> <br />in accordance and in conformity with all applicable City, State, Federal and regulatory agency <br /> <br />Laws, ordinances, rules and regulations. <br /> <br />5. Service Chanae. MFN provides Telecommunications Services in California pursuant <br /> <br />to all Laws, including federal law and its Certificates of Public Convenience and Necessity <br /> <br />received from the PUC. The type of service MFN offers to its customers through the Fiber Optic <br /> <br />Agmt-409 <br />f/shishIRedwood <br />FXS:rg <br />10/05/00 <br /> <br />6 <br />