Res90 11365 - Laserfiche WebLink

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~ CATV relating to this Project; (a) Costs associated with Trenching which are not necessary for any required street improvements shall be shared proportionately by Pacific and Participants; (b) Costs associated with the replacement of paving, landscaping or other surface features shall be shared proportionately by Pacific and Participants; (c) The proportionate share of costs shall be computed in accordance with the formula listed in Pacific's Standard Instruction 51, Section 2, Paragraph 2.10. Since the number of occupants in the trench may vary throughout the length of the Trench, each variation in the number of occupants will constitute a separate longitudinal section of Trench for the purpose of determining the proportionate sharing of costs; (d) Unless otherwise agreed to in writing, Pacific, City, and each Participant shall, individually, bear the entire cost of all extra work which is requested by and performed for each but is not required for the Project. Additionally, City, Pacific or Participants, individually, shall be credited with any savings resulting from the omission of Project work falling within their respective realms of responsibility. 7. Performance by Pacific (a) If City should default in the performance of any work it is obligated to perform under this Agreement within the time allowed for such work, Pacific may elect, by written notice to city, to perform such work at City's sole risk and expense; and City shall pay to Pacific, upon demand, Pacific's charges for performing the work; (b) Pacific shall replace its existing aerial communication facilities with underground facilities when a) City has constructed and installed USS in the public way and utility rights of way; b) affected property owners have provided USS on their properties in accordance with the Tariff; c) service to customers within the District has been provided by means of the underground facilities; d) PG&E has removed its facilities from poles and anchors jointly owned by Pacific and PG&E; and e) CATV has removed its facilities from poles solely or jointly owned by Pacific and/or PG&E. 8. Damage to Facilities City, its employees, agents or contractors shall exercise special precaution and care to avoid causing damage to Pacific's facilities or the facilities of others in performing work under the Project. City shall assume responsibility for any and all losses, costs or expenses arising out of, caused by, or in any way connected with such damages, including consequential damages. City shall immediately report 4