Agmt06 Comcast of California - Laserfiche WebLink

Browse Search

13. 14. 15. 16. 17. Relocation Delays. a. Subject to Grantee's compliance with Section 3.12 above or events beyond Grantee's reasonable control, consistent with Section II.8 hereof, if Grantee's relocation effort so delays construction of a public project causing City to be liable for delay damages, Grantee shall reimburse City for those damages attributable to the delay created by Grantee. In the event Grantee should dispute the amount of damages attributable to Grantee, the matter shall be referred to the City Engineer for a decision. In the event that Grantee disagrees with the City Engineer's decision the matter shall be submitted to the City Manager or the City Manager's designee for determination, whose decision shall be final and binding upon Grantee as a matter of City review, but nothing herein waives any right of appeal to the courts. For purposes ofthis section, "delay" shall not be construed to include Grantee's good faith challenge, in the appropriate forum, to the City's order to relocate pursuant to Section 3.12. b. In the event City becomes aware of a potential delay involving Grantee's facilities, City shall promptly notify Grantee of this potential delay. Interference with City Facilities. The Installation, use and maintenance of the Grantee's facilities within the Rights-of-Way and public ways authorized herein shall be in such a manner as not to interfere with City's placement, construction, use and maintenance of its Rights-of- W ay and public ways, Rights-of-Way lighting, water pipes, drains, sewers, traffic signal systems or other City systems that have been, or may be, installed, maintained, used or authorized by City. Interference with Utility Facilities. Grantee agrees not to install, maintain or use any of its facilities in such a manner as to damage or interfere with any existing facilities of another utility located within the Rights-of-Way and public ways of City and agrees to relocate its facilities, if necessary, to accommodate another facility relocation. Nothing in this section is meant to limit any rights Grantee may have under Applicable Laws to be compensated for the cost of relocating its facilities from the utility that is requesting the relocation. Collocation. Grantee shall make every commercially reasonable effort to collocate compatible facilities within the Rights-of-Way subject to the engineering requirements of the owners of utility poles and other facilities. Safety Requirements. a. Grantee shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage or injuries. b. Grantee shall install and maintain its System and other equipment in accordance with City's codes, and consistent with the requirements of the National Electric Safety Code then in effect, and all other applicable FCC, state and local 13