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<br />of~Way, public or private property back into good condition. In the event City determines
<br />that the Grantee is responsihle for such disturbance or damage, the Grantee shall be
<br />ohligated to fully reimburse the City for required repairs, reconstruction and restoration,
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<br />3.3 Conditions on Rieht-or-Wav Use.
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<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, l11aintainin~ repairing,
<br />relocating and/or altering any Right-ol~Way; constructing, laying down, repairing,
<br />maintaining or rclocating any water mains; or constructing, maintaining, relocating
<br />or repairing any sidewalk or other public work.
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<br />3.3.2 AU System transmission and distribution structures, lincs and equipment erected by
<br />the Grantee within the City shall be located so as not to obstruct 01' interfere with
<br />the use or Rights-orWay 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 instaUations.
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<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 propelty
<br />when required by the City by reason of traffic conditions: public salety; Rights-of-
<br />Way construction; street maintenance or repair (including resurfacing or widening);
<br />change in Right-ol~Way grade; construction, installation or repair of sewers, drains,
<br />water pipes, pDwer lines, signal Jines, tracks or any other type of government-
<br />Dwned communications or traftic control system, public work or improvement of
<br />govel11JJ1ent-owned utility; Right-Df-Way vacatiDn; or lor any other purpose where
<br />the convenience Dfthe City would be served thereby. rrthe Grantee Jails, neglects
<br />or refuses to comply with the City's request, the City may protect, SUPPDrt,
<br />temporarily disconnect, relocate 0\' remove the appropriate portiDns of the System,
<br />and/or any l-Nct at the Grantee's expense Jor any Df the City's incremental costs
<br />incurred as a result of the Grantee's failure to comply. Except tor the City's gross
<br />negligence, the City shall nDt be liable to the Grantee lor damages resulting from
<br />the City's protection, support, disconnection, relocation Dr removal, as
<br />contemplated in the preceding sentence,
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<br />],3.4 The Grantee shall nDt place poles, conduits Or Dther fixtures of the System or any 1-
<br />Net above or below grDund where the same will interfere with any gas, electric,
<br />telephone, water or other utility fixtures and all such poles, conduits or Dther
<br />fixtures placed in any Right-of-Way shall be so plaeed as to comply with a1l1awfill
<br />requi,-ements of the City.
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