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Agmt97 Brooks Fiber Properties
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Agmt97 Brooks Fiber Properties
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Entry Properties
Last modified
7/5/2005 2:56:48 PM
Creation date
9/25/2003 4:19:35 PM
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Template:
Agreement
Contractor Name
Brooks Fiber Communications
PROJECT NAME
fiber optic network
RMP File Number
304
Date
9/12/1997
Reso Ref
13096
Box
5802
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21. Termination. <br /> <br /> (a) This Agreement may be terminated by City upon thirty (30) days written <br />notice to BFC if City determines in a non-discriminatory manner~ that the <br />provisions herein interfere with the use or disposal of said Public Right-of-Way or <br />any part thereof by City. Where only a portion of BFC's Fiber Optic Network <br />Facilities interferes with the use or disposal of said Public Right-of-Way, City, at <br />its sole discretion, may elect to require BFC to relocate the said portion in <br />accordance with this Agreement. This Agreement may be terminated by City for <br />failure, neglect or refusal by BFC to fully and promptly comply with any and all of <br />the conditions of this Agreement, or for nonuse, unless BFC is able to show to the <br />City's satisfaction within thirty (30) days of receipt of the notice that the cited <br />condition has ceased, been corrected, or is diligently being pursued by BFC. This <br />Agreement may be terminated by BFC at any time, for any reason, by giving the <br />City ninety (90) days' written notice. <br /> <br /> (b) Upon termination of this Agreement, and upon written request by City, <br />BFC, at its own cost and expense, agrees to remove or, at City's discretion, <br />abandon in place some or all of its Fiber Optic Network Facilities from the Public <br />Right-of-Way as set forth in the Removal and Relocation provisions of this <br />Agreement. Should BFC in such event fail, neglect or refuse to make such <br />removals or restoration within one hundred eighty (180) days of City's written <br />request, at the sole option of City, such removal and restoration may be <br /> <br /> A~t-052 <br /> G~sha~ed~hat~[~Redw oo&Council <br /> <br /> 05/06~97R 30 <br /> <br /> <br />
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