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To City: . City Attorney's Office <br /> 1Q17 Middlefield Road <br /> Redwood City, CA 94063 <br /> Phone: (650) 760-7200 <br /> Fax: (650) 760-5963 <br /> <br />23. Fees and Taxes. <br /> <br /> (a) Level 3 shall provide such records to City as City may require to confirm <br /> <br />compliance with this requirement and shall share equally the cost of any auditor selected by City <br />to conduct an audit in this regard. Audits shall not be conducted more than biannually, and <br />Level 3 or City shall pay on rebate such amounts discovered by the auditor within sixty (60) days <br />of receipt of the audit report. <br /> <br /> (b) Level 3 shall be solely responsible for the payment of all lawful Fees charged in <br />connection with Level 3's exercise of its right, title, and interest in, and the construction, <br />installation, maintenance, and operation of, the Facilities and the rendering of <br />Telecommunication Services under this Agreement. <br /> <br /> (c) In connection with the services provided, Level 3 shall be solely responsible for <br />the payment of all lawful taxes including, but not limited to, a Utility Users Tax, as may be <br />applicable. <br /> <br />24. Availability of Facilities. Level 3 shall allow the City to connect with its facilities <br />pursuant to prices, terms and conditions to be ne§otiated with City at the time such connection is <br />sought. Level 3 shall use its best effort to also make its facilities available to residents and <br />businesses within the City in accordance with applicabl~ rules and reegulations of the California <br />Public Utilities Commission. <br /> <br />25. Attorney's Fees. In the event of litigation between the Parties hereto, the prevailing <br />party shall be entitled to reasonable attorney's fees and costs. <br /> <br />26. Miscellaneous Provisions. <br /> (a) Level 3's local control center shall be available to the staff employees of any City <br /> <br />F :Atty/Ag r.076 25 <br />100702 <br /> <br /> <br />