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use of the fiber optics infrastructure and technology and related activities and services to be <br />provided pursuant to the installation subject to this Agreement. <br /> <br /> (b) City's and Level 3's agreement hereto is not a waiver of and is without prejudice <br />to any right City may have or acquire under law to regulate, tax or impose fees or charges on <br />Level 3 or any right Level 3 may have under the law to protest or challenge such fees or to <br />provide services through the fiber optic infrastructure pursuant to state or federal laws, rules or <br />regulations. Level 3 shall be subject to any future taxes, fees or charges that the City lawfully <br />imposes on the fiber optics infrastructure and fiber optic services in the future. Nothing herein <br />shall affect in any way City's power or right to impose or collect any tax or fee on users or <br />providers of the services to be provided by Level 3. Nothing herein is intended to impose <br />regulations or conditions on Level 3 that City is preempted from imposing by state or federal <br />Laws. In no event shall City charge any tax or fee based on gross or net revenues of Level 3. <br /> <br />8. Removal and Relocation. <br /> <br /> (a) Level 3 shall remove or relocate, without cost or expense to City, any Fiber Optic <br /> <br />Network Facilities installed, used and maintained under this Agreement if and when made <br />necessary by any change of grade, alignment or width of any street, sidewalk, other public <br />facility, and/or projects of the City or the Redevelopment Agency of the City of Redwood City, <br />including the construction, maintenance or operation of any underground subway or viaduct by <br />City and/or the construction, maintenance or operation of any other City underground or <br />aboveground facilities. The request by City to Level 3 to remove or relocate its Fiber Optic <br />Network Facilities shall be made on a non-discriminatory basis. In the event all or any portion of <br />said Public Right-of-Way occupied by said Fiber Optic Network Facilities shall be needed by City <br />or in the event the existence of said Fiber Optic Network Facilities shall be considered on a non- <br />discriminatory basis detrimental to government activities, including, but not limited to interference <br />by City construction projects, or is in conflict vertically and/or horizontally with any proposed City <br /> <br />F:Atty/Ag r.076 8 <br />100702 <br /> <br /> <br />