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Agmt02 Level 3 Communications
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Agmt02 Level 3 Communications
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Last modified
7/5/2005 2:54:26 PM
Creation date
10/24/2002 4:55:24 PM
Metadata
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Template:
Agreement
Contractor Name
Level 3 Communications
PROJECT NAME
Fiber Optic Cable
RMP File Number
304
Date
10/23/2002
MO Ref
02-292
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Optic Network Facilities (including administrative costs) before authorizing or permitting the third <br />party's installations. Such third party shall insure that Level 3 Facilities are not interrupted during <br />the installation of their Facilities. <br /> <br /> (c) If any portions of any previously activated line of the Fiber Optic Network Facilities <br />covered under this Agreement are no longer used by Level 3, or are abandoned for a continuous <br />period in excess of six (6) months, Level 3 shall notify City and shall either promptly vacate or <br />remove the facilities at its own expense or, at City's discretion, may be allowed to abandon some <br />or all of the facilities in place. If Level 3 is permitted by City to abandon its facilities in place, any <br />such abandoned facilities shall be deemed conveyed to City and Level 3 shall have no further <br />obligation to remove, relocate or maintain said facilities, except as hereinafter set forth. Unless <br />specifically permitted by City in writing, which permission shall not be unreasonably withheld or <br />delayed, all boxes or other facilities exposed to the surface will be required to be removed and <br />the surface restored. <br /> <br /> (d) When removal or relocation is required under the Agreement, Level 3 shall, after <br />the removal or relocation of the Fiber Optic Network Facilities, at its own cost, repair and return <br />the Public Right-of-Way on which the facilities were located to a safe and satisfactory condition <br />in accordance with the construction-related conditions and specifications as established by City <br />according to its standard practice. Should Level 3 remove the Fiber Optic Network Facilities <br />from the Public Right-of-Way, Level 3 shall, within ten (10) Days after such removal, give written <br />notice thereof to City specifying the right-of-way affected and the location thereof as well as the <br />date of removal. Before proceeding with removal or relocation work, Level 3 shall obtain an <br />Encroachment Permit from the City. If Level 3 does not return the affected site to a safe and <br />satisfactory condition, then City shall have the option to perform or cause to be performed such <br />reasonable and necessary work on behalf of Level 3, and charge the actual costs incurred to <br />Level 3. Upon receipt of a demand for payment by City, Level 3 shall reimburse City for such <br /> <br />F:Atty/Agr.076 10 <br />100702 <br /> <br /> <br />
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