Agmt02 Level 3 Communications - Laserfiche WebLink

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activities. This responsibility shall survive this Agreement and shall extend either for (i) a period of two (2) years following Level 3's abandonment of Level 3's most recent installation of, or improvements on, the Facilities; or (ii) the date of completion of the Facilities, which will be constructed and installed by Level 3 upon approval of this Agreement by City, as opposed to the construction and installation of additional Facilities that may be constructed or installed at a later date, whichever occurs last. Level 3 shall immediately on written notice from the City commence and thereafter diligently and continually cause all necessary repairs to be completed; however, under no circumstances may the period of time to complete all necessary repairs exceed ninety (90) days or such longer period of time as may be reasonably required to complete the same in the event of circumstances such as Act of God, Force Majeure, strike or to the extent the circumstances prevent the completion of the repairs. In the event the repairs are not made, the City shall make repairs with the cost being billed to Level 3. (c) If Public Right-of-Way to be used by Level 3 has preexisting installation(s), Level 3 shall assume the responsibility to verify the location of the preexisting installations and notify the owner(s) thereof of Level 3's proposed installation. City will endeavor to notify Level 3 of the location of preexisting installations insofar as it has knowledge of such location provided that City shall have no liability whatsoever to Level 3 or any other third party as a result of its failure to do so. The cost of any work required of such third party or City to provide adequate space or required clearance to accommodate Level 3's installation shall be borne solely by Level 3. 12. Joint Participation With Other Utilities. (a) To the extent it is practicable to do so, Level 3 shall cooperate with all other permittees, utilities, and permit applicants in the planning, location, and construction of their joint and several telecommunications facilities within the Public Right-of-Way. Upon completion of the work of improvement under each Encroachment Permit, Level 3 shall, within thirty (30) days of receipt of the demand of the City Engineer, deliver to the City Engineer such maps, plans, and F:Atty/Agr.076 14 00702