Agmt22 Intermountain Infrastructure Group, LLC

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REV: 06-29-21 MI Company shall complete the removal or relocation within ninety (90) days of receipt of notice from the City or according to an agreed upon schedule with the City of no less than ninety (90) days. Notwithstanding the foregoing, the City Engineer may require a shorter period due to exigent circumstances and may authorize a longer period if it will not delay the public project. If Company fails to remove or relocate the facilities within the prescribed time period, City may remove the facilities at the expense of Company, and Company shall promptly reimburse the City for any and all expenses, including administrative, legal and consultant costs, within thirty (30) days after receiving an invoice from the City. Any removal or relocation work by Company shall only be done pursuant to an encroachment permit. All of the foregoing shall be subject to all applicable rules, requirements and procedures of the California Public Utilities Commission. 6.2 Abandonment of Facilities. If any portion of the Facilities laid, installed, or constructed in the Public Rights-of-Way, other than redundant Facilities or Facilities for emergency use, are no longer used by Company or are abandoned for a period in excess of six (6) months, Company must notify the City Engineer and promptly submit all necessary applications for permits prior to commencing work to vacate and remove the Facilities. Alternatively, the City may allow Company, in its sole discretion, to abandon the Facilities, or any part thereof, in place and convey the Facilities to the City. 6.3 If Company fails to remove the Facilities as required by the City pursuant to Section 6.2, the City may, in its sole discretion, after providing written notice to Company (a) remove the Facilities at Company’s sole expense, which expense Company shall promptly reimburse to the City within thirty (30) days after receiving an invoice for such expenses, including all administrative, legal and consultant costs or (b) deem the Facilities, or any part thereof, to have been abandoned and conveyed to the City. 6.4 Repair of Public Rights-of-Way. Whenever the removal or relocation of facilities is required under this Agreement or the Code, Company shall promptly repair and return the Public Rights-Of-Way and adjacent property to a safe and satisfactory condition to the City in accordance with the Code and with the construction-related conditions and specifications established by the City according to its standard practice. If Company removes any Facilities from the Public Rights-Of- Way, company shall, within ten (10) days after such removal, give notice thereof to the City specifying the Right-Of-Way affected and the location thereof as well as the date of removal. Company agrees to promptly complete all restoration work and to promptly repair any damage caused by such work at its sole cost and expense. If Company fails to do so, the City shall have the option to perform such work at Company’s sole expense, which expense Company shall promptly reimburse to the City within thirty (30) days after receiving an invoice for such expenses, including all administrative, legal and consultant costs. Before proceeding with removal or relocation work, the Company shall obtain an encroachment permit from the City. ARTICLE 7 DAMAGES 7.1 The Company shall be responsible for any damage to the City’s street pavements, existing utilities, curbs, gutters, sidewalks due to its installation, maintenance, repair, or removal of its Facilities in the Public Rights-Of-Way and public utility or service easements, and shall repair, replace, and restore in kind the said damaged facilities at its sole expense. 7.2 If any Public Right-Of-Way to be used by the Company has preexisting installation(s) placed in said Right-Of-Way, the Company shall assume the responsibility to verify ATTY/AGR.2021.160/INTERMOUNTAIN INFRASTRUCTURE GROUP (Fiber Agreement) (Page 8 of 18)