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AgdaPkt 2002-10-14
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AgdaPkt 2002-10-14
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Last modified
7/5/2005 2:54:11 PM
Creation date
10/10/2002 4:23:36 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council & GID Board
Date
10/14/2002
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activities. This responsibility shall survive this Agreement and shall extend either for (i) a period <br />of two (2) years following Level 3's abandonment of Level 3's most recent installation of, or <br />improvements on, the Facilities; or (ii) the date of completion of the Facilities, which will be <br />constructed and installed by Level 3 upon approval of this Agreement by City, as opposed to the <br />construction and installation of additional Facilities that may be constructed or installed at a later <br />date, whichever occurs last. Level 3 shall immediately on wdtten notice from the City commence <br />and thereafter diligently and continually cause all necessary repairs to be completed; however, <br />under no circumstances may the pedod of time to complete all necessary repairs exceed ninety <br />(90) days or such longer period of time as may be reasonably required to complete the same in <br />the event of circumstances such as Act of God, Force Majeure, strike or to the extent the <br />circumstances prevent the completion of the repairs. In the event the repairs are not made, the <br />City shall make repairs with the cost being billed to Level 3. <br /> <br /> (c) If Public Right-of-Way to be used by Level 3 has preexisting installation(s), Level <br /> 3 shall assume the responsibility to verify the location of the preexisting installations and notify <br /> the owner(s) thereof of Level 3's proposed installation. City will endeavor to notify Level 3 of the <br /> location of preexisting installations insofar as it has knowledge of such location provided that <br /> City shall have no liability whatsoever to Level 3 or any other third party as a result of its failure to <br /> do so. The cost of any work required of such third party or City to provide adequate space or <br /> required clearance to accommodate Level 3's installation shall be bome solely by Level 3. <br /> <br /> 12. Joint Participation With Other Utilities. <br /> <br /> (a) To the extent it is practicable to do so, Level 3 shall cooperate with all other <br /> <br /> permittees, utilities, and permit applicants in the planning, location, and construction of their joint <br /> and several telecommunications facilities within the Public Right-of-Way. Upon completion of <br /> the work of improvement under each Encroachment Permit, Level 3 shall, within thirty (30) days <br /> of receipt of the demand of the City Engineer, deliver to the City Engineer such maps, plans, and <br /> <br /> F:Atty/Agr.076 14 <br /> 100702 <br /> <br /> <br />
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