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i <br /> i <br /> 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 Ri h� t-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 />