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replacement, relocation, operation, maintenance, expansion, extension or reconstruction of
<br />the System, the I -Net and/or the DFOI shall be promptly and fully restored, replaced,
<br />reconstructed or repaired by the Grantee, at its expense, to the same condition as that
<br />prevailing prior to the Grantee's work, to the extent consistent with applicable statutes and
<br />rules. It is agreed that in the normal course, with respect to fire and police department
<br />facilities and equipment, and water and sewer facilities, and other essential utilities and
<br />services, as determined by the City, such restoration, reconstruction, replacement or repairs
<br />shall be commenced immediately after the damage, disturbance or destruction is incurred,
<br />and the Grantee shall take diligent steps to complete the same, unless an extension of time
<br />is obtained from the appropriate City agency or department. In all other cases,
<br />reconstruction, replacement, restoration or repairs shall be commenced within no more than
<br />three (3) days after the damage, disturbance or destruction is incurred, and shall be
<br />completed as soon as reasonably possible thereafter. If the Grantee shall fail to perform the
<br />repairs, replacement, reconstruction or restoration required herein, the City shall have the
<br />right to put the Rights -of -Way, public or private property back into good condition. In the
<br />event City determines that the Grantee is responsible for such disturbance or damage, the
<br />Grantee shall be obligated to fully reimburse the City for required repairs, reconstruction
<br />and restoration.
<br />3.3 Conditions on Right -of -Way Use.
<br />3.3.1 Nothing in this Franchise shall be construed to prevent the City from constructing,
<br />maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing,
<br />relocating and/or altering any Right -of -Way; constructing, laying down, repairing,
<br />maintaining or relocating any water mains; or constructing, maintaining, relocating
<br />or repairing any sidewalk or other public work.
<br />3.3.2 All System transmission and distribution structures, lines and equipment erected by
<br />the Grantee within the 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
<br />interference which might occur during construction and to cause minimum
<br />interference with the rights of property owners who abut any of said Rights -of -Way
<br />and not to interfere with existing public utility installations.
<br />3.3.3 The Grantee shall, at its sole expense, by a reasonable time specified by the City,
<br />protect, support, temporarily disconnect, relocate or remove any of its property
<br />when required by the City by reason of traffic conditions; public safety; Rights -of -
<br />Way construction; street maintenance or repair (including resurfacing or widening);
<br />change in Right -of -Way grade; construction, installation or repair of sewers, drains,
<br />water pipes, power lines, signal lines, tracks or any other type of government -
<br />owned communications or traffic control system, public work or improvement of
<br />government -owned utility; Right -of -Way vacation; or for any other purpose where
<br />the convenience of the City would be served thereby. If the Grantee fails, neglects
<br />or refuses to comply with the City's request, the City may protect, support,
<br />temporarily disconnect, relocate or remove the appropriate portions of the System,
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