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(a) BFC shall be responsible for any damage to City street pavements, <br />existing utilities, curbs, gutters, sidewalks or to any private property or <br />improvements to the extent attributable to its installation, maintenance, repair or <br />removal of its Fiber Optic Network Facilities in Public Right-of-Way and shall <br />repair, replace and restore in kind any such damaged facilities at its sole expense <br />and to the approval of City. <br /> <br /> Any premature deterioration of the surface or subsurface improvements as <br />determined by City shall be the responsibility of BFC to the extent attributable to <br />BFC's activities. This responsibility sh~ll survive this Agreement and shall extend <br />either for (i) a period of two (2) years following BFC's abandonment of BFC's <br />most recent installation of, or improvements on, the Facilities; or (ii) the date of <br />completion of the Facilities, which will be constructed and installed by BFC upon <br />approval of this Agreement by City, as opposed .to the construction and <br />installation of additional Facilities that may be constructed or installed at a later <br />date, whichever occurs last. BFC shall immediately on written notice from the <br />City commence and thereafter diligently and continually cause all necessary <br />repairs to be completed; however, under no circumstances may the period of time <br />to complete all necessary repairs exceed ninety (90) days or such longer period <br />of time as may be reasonably required to complete the same in the event of <br />circumstances such as Act of God, Force Majeure, strike or to the extent the <br />circumstances prevent the completion of the repairs. In the event the repairs are <br /> <br />Agmt-052 <br />G~ham d~ hared~R¢ dwood~C ouncil <br />FX$:rg <br /> <br />04/14/97R <br />05/00~?R 17 <br /> <br /> <br />