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to administrative, legal and consultant costs, within thirty (30) days after receiving an invoice from
<br />the City.
<br />ARTICLE 6
<br />REMOVAL, RELOCATION AND ABANDONMENT
<br />6.1 Upon receipt of a written demand from the City, Company, at its sole cost and
<br />expense, shall remove and relocate any Facilities installed, used and/or maintained by Company
<br />under this Agreement when such removal or relocation is made necessary (a) due to any work
<br />proposed to be done by or on behalf of the City or other governmental agency, including but not
<br />limited to, any change of grade, alignment or width of any street, sidewalk or other public facility,
<br />installation of curbs, gutters or landscaping and installation, construction, maintenance or operation
<br />of any underground or aboveground facilities such as sewers, drains, pipes, power lines, and tracks
<br />or (b) due to a determination by the City that the Facilities are detrimental to governmental
<br />activities. Company shall complete the removal or relocation within ninety (90) days of receipt of
<br />notice from the City or according to an agreed upon schedule with the City of no less than ninety
<br />(90) days. Notwithstanding the foregoing, the City Engineer may require a shorter period due to
<br />exigent circumstances and may authorize a longer period if it will not delay the public project. If
<br />Company fails to remove or relocate the facilities within the prescribed time period, City may
<br />remove the facilities at the expense of Company, and Company shall promptly reimburse the City
<br />for any and all expenses, including administrative, legal and consultant costs, within thirty (30)
<br />days after receiving an invoice from the City. Any removal or relocation work by Company shall
<br />only be done pursuant to an encroachment permit. All of the foregoing shall be subject to all
<br />applicable rules, requirements and procedures of the California Public Utilities Commission.
<br />6.2 Abandonment of Facilities. If any portion of the Facilities laid, installed, or
<br />constructed in the Public Rights -of -Way, other than redundant Facilities or Facilities for
<br />emergency use, are no longer used by Company or are abandoned for a period in excess of six (6)
<br />months, Company must notify the City Engineer and promptly submit all necessary applications
<br />for permits prior to commencing work to vacate and remove the Facilities. Alternatively, the City
<br />may allow Company, in its sole discretion, to abandon the Facilities, or any part thereof, in place
<br />and convey the Facilities to the City.
<br />6.3 If Company fails to remove the Facilities as required by the City pursuant to Section
<br />6.2, the City may, in its sole discretion, after providing written notice to Company (a) remove the
<br />Facilities at Company's sole expense, which expense Company shall promptly reimburse to the
<br />City within thirty (30) days after receiving an invoice for such expenses, including all
<br />administrative, legal and consultant costs or (b) deem the Facilities, or any part thereof, to have
<br />been abandoned and conveyed to the City.
<br />6.4 Repair of Public Rights -of -Way. Whenever the removal or relocation of facilities
<br />is required under this Agreement or the Code, Company shall promptly repair and return the Public
<br />Rights -Of -Way and adjacent property to a safe and satisfactory condition to the City in accordance
<br />with the Code and with the construction -related conditions and specifications established by the
<br />City according to its standard practice. If Company removes any Facilities from the Public Rights -
<br />Of -Way, company shall, within ten (10) days after such removal, give notice thereof to the City
<br />specifying the Right -Of -Way affected and the location thereof as well as the date of removal.
<br />Company agrees to promptly complete all restoration work and to promptly repair any damage
<br />caused by such work at its sole cost and expense. If Company fails to do so, the City shall have
<br />REV: 07-09-2020 PR
<br />ATTY/AGR.2020.122/Sonic Telecom, LLC (Page 8 of 19)
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