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thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final <br />judicial action to be void, voidable or unenforceable, such covenant or covenants, such <br />agreement or agreements, or such portions thereof shall be null and void and shall be deemed <br />separable from the remaining covenants or agreements or portions thereof and shall in no way <br />affect the validity or enforceability of the remaining portions of this Agreement, and the parties <br />shall negotiate in good faith to replace any such covenant, agreement or portion found to be null <br />and void. <br /> <br />20. Third-Party Modifications. This Agreement shall be subject to such changes or <br />modifications as may be required or authorized by any regulatory body or commission in the <br />exercise of its lawful jurisdiction and any modification, revision, renewal, or extension of this <br />Agreement shall so state. <br /> <br />21. Termination. <br /> <br /> (a) This Agreement may be terminated by City upon ninety (90) days written notice to <br /> <br />Level 3 if City determines in a non-discriminatory manner, that the provisions herein interfere <br />with the use or disposal of said Public Right-of-Way or any part thereof by City. Where only a <br />portion of Level 3's Fiber Optic Network Facilities interferes with the use or disposal of said <br />Public Right-of-Way, Level 3 may relocate the said portion in accordance with Paragraph 8 of <br />this Agreement. This Agreement may be terminated by City for failure, neglect or refusal by <br />Level 3 to fully and promptly comply with any and all of the conditions of this Agreement, or for <br />nonuse, unless Level 3 is able to show to the City's satisfaction within thirty (30) days of receipt <br />of the notice that the cited condition has ceased, been corrected, or is diligently being pursued <br />by Level 3. This Agreement may be terminated by Level 3 at any time, for any reason, by giving <br />the City ninety (90) days' written notice. <br /> <br /> (b) Upon termination of this Agreement, and upon written request by City, Level 3, at <br />its own cost and expense, agrees to remove or, at City's discretion, abandon in place some or all <br /> <br />F:Atty/Agr.076 23 <br />100702 <br /> <br /> <br />