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<br />shall require the execution and delivery of a performance bond in the <br />above amount to cover the period of extension or renewal. <br /> <br />41. Utilities <br /> <br />The Contractor shall be obligated to protect all public and private <br />utilities whether occupying street or public or private property. If <br />such utilities are damaged by reason of the Contractor's operations, <br />under the executed contract, he/she shall repair or replace same, or <br />failing to do so promptly, the City shall cause repairs or replacement <br />to be made and the cost of doing so shall be deducted from payment <br />to be made to the Contractor. <br /> <br />42. Dama2e To Properly <br /> <br />The Contractor shall take all necessary precautions to protect public <br />and private property during the performance of this Agreement. <br />Except for reasonable wear and tear, the Contractor shall repair or <br />replace any private or public property, including, but not limited to <br />sod, mailboxes, or recycling bins, which are damaged by the <br />Contractor. Such property damage shall be addressed for repair or <br />replacement, at no charge to the property owner, within forty-eight <br />(48) hours with property of the same or equivalent value at the time <br />of the damage. <br /> <br />If the Contractor fails to address the repair or replacement damaged <br />property within forty-eight (48), the City may, but shall not be <br />obligated to, repair or replace such damaged property, and the <br />Contractor shall fully reimburse the City's for any of its reasonably <br />incurred expenses. The Contractor shall reimburse the City for any <br />such expenses within ten (10) days of receipt of the City's invoice. <br /> <br />43. Street Improvements <br /> <br />This Contract is subject to the right of State of Minnesota, Ramsey <br />County or the City of Roseville to improve its highways and streets. <br />The Contractor accepts the risk that such improvements may prevent <br />the Contractor from traveling its accustomed route or routes for the <br />purpose of collecting recyclables. The Contractor agrees not to make <br />any claim for compensations against a City for such interference. <br />The City of Roseville shall, whenever possible, advance information <br />and instructions about how the Contractor may best provide services <br />in the improvement area. <br /> <br />24 <br />