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<br />subject to this Agreement. Therefore, City reserves any and all rights it may have now or in the <br /> <br />future to legally regulate or otherwise condition the use of the fiber optics infrastructure and <br /> <br />technology and related activities and services to be provided pursuant to the installation subject <br />to this Agreement. <br /> <br />City's agreement hereto is not a waiver of and is without prejudice to any right City may <br /> <br />have or acquire under law to regulate, tax or impose fees or charges on MFN or any right MFN <br /> <br />may have under the law to provide services through the fiber optic infrastructure pursuant to <br /> <br />state or federal laws, rules or regulations. MFN shall be subject to any future taxes, fees or <br /> <br />charges that the City lawfully imposes on the fiber optics infrastructure and fiber optic services <br /> <br />in the future. Nothing herein shall affect in any way City's power or right to impose or collect any <br /> <br />tax or fee on users or providers of the services to be provided by MFN. Nothing herein is <br /> <br />intended to impose regulations or conditions on MFN that City is preempted from imposing by <br /> <br />state or federal Laws. In no event shall City charge any tax or fee based on gross or net <br /> <br />revenues of MFN. <br /> <br />8. Removal and Relocation. <br /> <br />(a) MFN shall remove or relocate, without cost or expense to City, any Fiber Optic <br /> <br />Network Facilities installed, used and maintained under this Agreement if and when made <br /> <br />necessary by any change of grade, alignment or width of any street, sidewalk, other public <br /> <br />facility, and/or projects of the City or the Redevelopment Agency of the City of Redwood City, <br /> <br />including the construction, maintenance or operation of any underground subway or viaduct by <br /> <br />City and/or the construction, maintenance or operation of any other City, underground or <br /> <br />aboveground facilities. The request by City to MFN to remove or relocate its Fiber Optic <br /> <br />Network Facilities shall be made on a non-discriminatory basis. In the event all or any portion of <br /> <br />said Public Right-of-Way occupied by said Fiber Optic Network Facilities shall be needed by <br /> <br />Agmt-409 <br />fIshlshIRedwood <br />FXS:rg <br />10/05/00 <br /> <br />8 <br />