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remove, and replace the Facilities underground or on existing poles, to the extent Level 3 may <br />gain access to these poles consistent with the dghts of third parties under applicable laws, and <br />existing and future agreements within the Public Right-of-Way for the purposes of providing <br />Telecommunications Services to Persons located within the limits of the City. Any work <br />performed pursuant to the dghts granted to Level 3 under this Agreement shall be subject to the <br />pdor review and approval of the Director. <br /> <br /> (d) Subject to the approval of Director, the construction, installation, operation, <br />maintenance and removal of said Fiber Optic Network Facilities shall be accomplished without <br />cost or expense to City and in such a manner as not to endanger Persons or property, or <br />unreasonably obstruct travel on any road, walk or other access thereon within said Public Right- <br />of-Way. <br /> <br />4. Compliance with Standards. <br /> <br /> (a) Level 3 agrees to keep said Fiber Optic Network Facilities in good and safe <br /> <br />condition and free from any nuisance, to the reasonable satisfaction of Director. <br /> <br /> (b) Level 3 shall construct, install, operate and maintain all Fiber Optic Network <br />Facilities in accordance and in conformity with all applicable City, State, Federal and regulatory <br />agency Laws, ordinances, rules and regulations. <br /> <br />5. Service ChanRe. Level 3 provides Telecommunications Services in California pursuant <br /> <br />to all Laws, including federal law and its Certificates of Public Convenience and Necessity <br />received from the PUC. The type of service Level 3 offers to its customers through the Fiber <br />Optic Network Facilities in Public Right-of-Way consists of business and residential <br />Telecommunications Services, including, but not limited to, supplying wholesale bandwidth to <br />telecommunications providers, which are presently permitted by Law. If the nature or character <br />of Level 3's service changes to include additional or alternative services, including but not limited <br />to, community antenna television systems, commercial video programming, or open video <br /> <br />F:Atty/Agr.076 6 <br />100702 <br /> <br /> <br />