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the construction, maintenance or operation of any other City, underground or <br />aboveground facilities. In the event all or any portion of said Public Right-of-Way <br />occupied by said Fiber Optic Network Facilities shall be needed by City or in the <br />event the existence of said Fiber Optic Network Facilities shall be considered <br />detrimental to governmental activities, including but not limited to, interference by <br />City construction projects, or is in conflict vertically and/or horizontally with any <br />proposed City installation, BFC shall remove and relocate said Fiber Optic <br />Network Facilities in an expeditious manner to such other location or locations on <br />said Public Right-of-Way as may be designated by City. In regards to specific <br />confined City projects, or other confined projects authorized by City, as opposed <br />to City-wide projects, in no event shall completion of removal or relocation exceed <br />one hundred twenty (120) days from the date of notification by City or such longer <br />period of time as may be reasonably required to complete the same in the event <br />of circumstances such as Act of God, Force Majeure, strike, or to the extent the <br />circumstances prevent the completion of the removal or relocation. Provided, <br />however, that if exigencies dictate a shorter period for removal or relocation, BFC <br />shall, in good faith, use its best efforts to remove and relocate the Facilities <br />expeditiously. In the event said Fiber Optic Network Facilities are not removed or <br />relocated within said period of time, City may cause the same to be done at the <br />expense of BFC and BFC shall reimburse the City any and all expenses, <br />including administrative overhead. If BFC shall fail to vacate or otherwise remove <br /> <br /> Agmt-052 <br /> GXsha~d~hat~cl~R~dwood\Council <br /> FX$:rg <br /> 12/18/96 <br /> 0~/14/97R <br /> os/o~7~ 11 <br /> <br /> <br />