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<br />( <br /> <br />without affecting, altering, or disturbing in any way electric, <br />telephone, or other utility cables, wires, or attachments. City <br />shall have the right to inspect and approve the condition of such <br />streets, public and private property after removal. The Letter <br />of Credit, Bonds, Insurance, Indemnity, and Penalty provisions <br />of this Franchise shall remain in full force and effect during the <br />entire term of removal. <br /> <br />B. <br /> <br />If, in the sole discretion of City, Grantee has failed to <br />commence removal of System, or such part thereof as was <br />designated by City, within 30 days after written notice of City's <br />demand for removal is given, or if Grantee has failed to <br />complete such removal within one year after written notice of <br />City's demand for removal is given, City shall have the right to <br />exercise one of the foHowing options: <br /> <br />(1) Declare all right title and interest to the System to <br />be in City with aU rights of ownership including, but <br />not limited to, the right to operate the System or <br />transfer the System to another for operation by it. <br />Insurance, Letter of Credit, or Performance Bond <br />proceeds may be used to remove any encumbrance <br />on System. <br /> <br />(2) Declare the System abandoned and cause the <br />System, or such part thereof as City shall designate, <br />to be removed at no cost to City. The cost of said <br />removal shall be recoverable from the Letter of <br />Credit, Bonds, Insurance, Indemnification and <br />Penalties provided for in this Franchise, or from <br />Grantee directly as a liquidated damage. <br /> <br />C. Any portion of the System not designated by City for removal <br />shall belong to and become the property of City without <br />payment to Grantee and Grantee shall execute and deliver such <br />documents, as City shall request, in form and substance <br />acceptable to City, to evidence such ownership by City. <br /> <br />SECTION 3. WORK PERFORMED BY OTHERS <br /> <br />c <br /> <br />A. Grantee shall give notice to City specifying the names and <br />addresses of any other entity, other than Grantee, which <br />performs services pursuant to this Franchise, provided, <br />however, that all provisions of this Franchise remain the <br />responsibility of Grantee. <br /> <br />B. All provisions of this Franchise shall apply to any subcontractor <br />or others performing any work or services pursuant to the <br />provisions of this Franchise. <br /> <br />- 58 - <br />