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<br />City or in the event the existence of said Fiber Optic Network Facilities shall be considered on a <br /> <br />non-discriminatory basis detrimental to government activities, including, but not limited to <br /> <br />interference by City construction projects, or is in conflict vertically and/or horizontally with any <br />proposed City installation, MFN shall remove and relocate said Fiber Optic Network Facilities in <br /> <br />an expeditious manner to such other location or locations on said Public Right-of-Way as may <br /> <br />be designated by City. In regards to specific confined City projects, or other confined projects <br /> <br />authorized by City, as opposed to City-wide projects, in no event shall completion of removal or <br /> <br />relocation exceed one hundred twenty (120) days from the date of notification by City or such <br /> <br />longer period of time as may be reasonably required to complete the same in the event of <br /> <br />circumstances such as Act of God, Force Majeure, strike, or to the extent the circumstances <br /> <br />prevent the completion of the removal or relocation. Provided, however, that if exigencies <br /> <br />dictate a shorter period for removal or relocation, MFN shall, in good faith, use its best efforts to <br /> <br />remove and relocate the Facilities expeditiously. In the event said Fiber Optic Network Facilities <br /> <br />are not removed or relocated within said period of time, City may cause the same to be done at <br /> <br />the expense of MFN and MFN shall reimburse the City any and all expenses, including <br /> <br />administrative overhead. If MFN shall fail to vacate or otherwise remove the Facilities as <br /> <br />required by City, City shall be entitled to vacate or otherwise remove the Facilities at MFN' sole <br /> <br />cost and expense. In such event, MFN shall execute such documents of title as will convey all <br /> <br />right, title, and interest in the dedicated Facilities, or any part thereof, to City. As used in this <br /> <br />Section "8" only, "City" shall include any public agency of the State of California having a permit <br />or jurisdiction to place Facilities within the Public Right-of-Way. Notwithstanding the definition <br /> <br />given to the term "Facilities" in this Agreement under "Definitions," the term Facilities, as used in <br /> <br />this Section shall mean and refer to the Facilities and/or any portion thereof. <br /> <br />(b) <br /> <br />Should City intend to authorize or permit installations of a third party (not <br /> <br />Agmt-409 <br />f/sh/sh/Redwood <br />FXS:rg <br />10/05/00 <br /> <br />9 <br />