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2002-10-23 CC Packet
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2002-10-23 CC Packet
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<br />10 River Park Plaza <br />St. Paul, Minnesota 55107 <br /> <br />With copies to: <br /> <br />John F. Gibbs, Esq. <br />Robins, Kaplan, Miller & Ciresi, LLP <br />2800 LaSalle Plaza <br />800 LaSalle Avenue South <br />Minneapolis, Minnesota 55402 <br /> <br />Such addresses may be changed by either party upon notice to the other party given as <br />provided in this Section. <br /> <br />2.10 Effective Date. <br /> <br />This Franchise shall become effective after: (i) all conditions precedent to its effectiveness <br />as an ordinance of the City have occurred; (ii) all conditions precedent to its execution are <br />satisfied; (iii) it has been approved by the City Council in accordance with applicable law; <br />and (iv) it has been accepted and signed by the Grantee and the City in accordance with <br />Section 14 (the "Effective Date"). <br /> <br />< <br /> <br />2.11 Grantee Not a Common Carrier. <br /> <br />Nothing in this Franchise shall be deemed to require the Grantee to assume the status of a <br />common carrier as defined under applicable law. <br /> <br />SECTION 3. CONSTRUCTION STANDARDS <br /> <br />3.1 Registration, Permits and Construction Codes. <br /> <br />3.1.1 The Grantee shall strictly adhere to all State and local laws, regulations and policies <br />adopted by the City Council applicable to the location, construction, installation, <br />operation or maintenance of the System, I-Net and DFOI in the City. The City <br />and/or its delegatee has the right to supervise all construction or installation work <br />performed in the Rights-of-Way as it shall find necessary to ensure compliance with <br />the terms of this Franchise and other applicable provisions oflaw and regulations. <br /> <br />3.1.2 Failure to obtain permits or to comply with permit requirements shall be grounds <br />for revocation of this Franchise, or any lesser sanctions provided herein or in any <br />other applicable law, code or regulation. <br /> <br />3.2 Restoration of Rights-of-Way and Property. <br /> <br />Any Rights-of-Way, or any sewer, gas or water main or pipe, drainage facility, electric, fire <br />alarm, police communication or traffic control facility of the City, or any other public or <br />private property, which is disturbed, damaged or destroyed during the construction, repair, <br /> <br />11 <br />
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