Agmt02 Level 3 Communications - Laserfiche WebLink

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installation, Level 3 shall remove and relocate said Fiber Optic Network Facilities in an expeditious manner to such other location or locations on said Public Right-of-Way as may be designated by City. In regards to specific confined City projects, or other confined projects authorized by City, as opposed to City-wide projects, in no event shall completion of removal or relocation exceed one hundred twenty (120) days from the date of notification by City 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 removal or relocation. Provided, however, that if exigencies dictate a shorter period for removal or relocation, Level 3 shall, in good faith, use its best efforts to remove and relocate the Facilities expeditiously. In the event said Fiber Optic Network Facilities are not removed or relocated within said pedod of time, City may cause the same to be done at the expense of Level 3 and Level 3 shall reimburse the City any and all expenses, including administrative overhead. If Level 3 shall fail to vacate or otherwise remove the Facilities as required by City, City shall be entitled to vacate or otherwise remove the Facilities at Level 3's sole cost and expense. In such event, Level 3 shall execute such documents of title as will convey all right, title, and interest in the dedicated Facilities, or any part thereof, to City. As used in this Section "8" only, "City" shall include any public agency of the State of California having a permit or jurisdiction to place Facilities within the Public Right-of-Way. Notwithstanding the definition given to the term "Facilities" in this Agreement under "Definitions," the term Facilities, as used in this Section shall mean and refer to the Facilities and/or any portion thereof. (b) Should City intend to authorize or permit installations of a third party (not including any City-owned installations) to Public Right-of-Way jointly used under this Agreement and should the proposed installation of such third party require the rearrangement of any Level 3, Facilities, City shall require such third party to pay the reasonable cost of rearranging the Fiber F:Atty/Agr.076 9 100702