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2. Repair of Rights -of -Way and Property. Any and all Rights -of -Way, or public or <br />private property, which are disturbed or damaged during the construction, repair, replacement, <br />relocation, operation, maintenance, expansion, extension or reconstruction of the System shall be <br />promptly and fully restored by Grantee, at its expense, to the same condition as that prevailing <br />prior to Grantee's work, as determined by City. If Grantee shall fail to timely perform the <br />restoration required herein, after written request of City and reasonable opportunity of not less <br />than 30 days to satisfy that request, City shall have the right to put the Rights -of -Way, public, or <br />private property back into good condition. In the event City determines that Grantee is <br />responsible for such disturbance or damage, Grantee shall be obligated to fully reimburse City <br />for such restoration. <br />3. Conditions on Right -of -Way Use. <br />a. Nothing in this Franchise shall be construed to prevent City from <br />constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, <br />repairing, relocating and/or altering any Right -of -Way; constructing, laying down, <br />repairing, maintaining or relocating any water mains; or constructing, maintaining, <br />relocating, or repairing any sidewalk or other public work. <br />b. All System transmission and distribution structures, lines and equipment <br />erected by the Grantee within City shall be located so as not to obstruct or interfere with <br />the use of Rights -of -Way except for normal and reasonable obstruction and interference <br />which might occur during construction and to cause minimum interference with the rights <br />of property owners who abut any of said Rights -of -Way and not to interfere with existing <br />public utility installations. <br />C. If at any time during the period of this Franchise City shall elect to alter or <br />change the grade or location of any Right -of -Way, the Grantee shall comply with all <br />applicable City Code related to relocation of facilities and associated costs. <br />d. The Grantee shall not place poles, conduits, or other fixtures of System <br />above or below ground where the same will interfere with any gas, electric, telephone, <br />water or other utility fixtures and all such poles, conduits, or other fixtures placed in any <br />Right -of -Way shall be so placed as to comply with all reasonable and lawful <br />requirements of City. <br />e. The Grantee shall, upon request of any Person holding a moving permit <br />issued by City, temporarily move its wires or fixtures to permit the moving of buildings <br />with the expense of such temporary removal to be paid by the Person requesting the <br />same, and the Grantee shall be given not less than ten (10) days advance written notice to <br />arrange for such temporary changes. <br />f. The Grantee shall have the authority to trim any trees upon and <br />overhanging the Rights -of -Way of City so as to prevent the branches of such trees from <br />coming in contact with the wires and cables or other facilities of the Grantee. <br />11 <br />