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1. Existing facilities. The Operator shall utilize existing poles, conduits, and other facilities whenever feasible and shall not construct or install any new, different, or additional poles, conduits, or other facilities whether on public or private property until the written approval of the City is obtained.

2. Underground installation. The facilities of the Operator shall be installed underground to the fullest extent possible. In areas where either telephone or electric utility facilities are installed aerially at the time of construction of the Network the Operator may install its facilities aerially with the understanding that at such time as both telephone and electrical facilities are relocated underground, the Operator shall likewise place its facilities underground. Previously installed aerial cable shall be relocated with other utilities at the Operator’s cost when the other utilities convert from aerial to underground construction. Any streets or sidewalks damaged or disturbed in the construction or operation of Operator’s poles, cable and other installations shall be promptly repaired and restored by the Operator at its expense and to the reasonable satisfaction of the City.

3. Location and condition. The Operator shall locate all transmission lines, equipment, and structures so as to cause minimum interference with the rights and reasonable convenience of property owners. The Operator shall install and maintain its lines, equipment and structures in accordance with the requirements of the National Electrical Safety Code promulgated by the National Bureau of Standards and the National Electrical Code of the National Board of Fire Underwriters.

4. Excavation permits. The Operator shall not open or disturb the surface of any street, sidewalk, driveway, or public place for any purpose without first obtaining a permit of general applicability to do so from the City. In addition, where existing conduit or backyard easements are not available for underground installation, the Operator shall design the network in such a manner as to permit construction behind and parallel with street curbing, in parking strips, or under the sidewalks where available, with a minimum of street excavation.

5. Easements. Prior to the installation of any of Operator’s facilities in a parking strip or public utility easements by Operator, Operator shall provide advance written notification to any property owners on whose property the easement is located. Such advance notification shall be delivered at least two (2) days prior to installation of such facilities. Such notification shall set forth the date during which Operator may be installing facilities in the public utility easement, and shall provide a telephone number where property owners may call Operator pertaining to any questions or complaints concerning use of the public utility easement by Operator. Upon commencement of installation of facilities in a public utility easement, the Operator shall proceed diligently to complete that installation. No trenches or otherwise uncovered areas shall be left open longer than necessary to complete the installation.

6. Changes required by public improvements. The Operator shall at its expense, temporarily disconnect, relocate or remove from the street or other public place any property of the Operator when required by the City by reason of traffic conditions, public safety, street vacation, street construction, street repair, installation or repair of sewer drains, water pipes, or any other type of structure or improvement by public agencies. If the City elects to change the grade of any street or public way, or to vacate or otherwise alter the same, the Operator shall relocate its poles and other installations at Operator’s expense.

7. Protection of facilities. Nothing contained in this section shall relieve the City of any person, company or corporation from liability arising out of the failure to exercise reasonable care to avoid damaging the Operator’s facilities while performing work connected with grading, regrading, or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system.

8. Requests for removal or change. The Operator shall, at the request of any person holding a building or moving permit, temporarily raise or lower its wires to permit the building or moving to proceed.

The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the action, and the Operator shall have the authority to require such payment in advance. The Operator shall be given no less than five (5) days written notice of any move contemplated to arrange for temporary wire changes.

9. Authority to trim trees. After receiving written consent from the City the Operator shall have the authority to trim trees, upon and overhanging streets, alleys, sidewalks, and other public places of the City so as to prevent the branches of such trees from coming into contact with the wires and cables of the Operator. Provided, however, that in the event of an emergency, no consent shall be necessary to remedy the emergency. The same requirements for notice that are specified for access to private property shall be required prior to trimming trees.

10. Restoration or reimbursements. In the event of disturbance of any street or private property by the Operator, the Operator shall, at its own expense and in a manner approved by the city or the owner, replace and restore such street or private property in as reasonable good a condition as before the work was done. All restoration work shall be guaranteed by the Operator for a period of one year to be free from material defects. In the event there is any problem with restoration work, the Operator shall, upon written notice from the City, repair the defect within fifteen (15) days (weather permitting) of receiving notice unless otherwise agreed upon by the City. In the event Operator fails to perform such replacement or restoration, the City shall have the right to do so at the sole expense of Operator.

11. Emergency removal of network. If in the case of fire or disaster in the City it shall become necessary in the reasonable judgment of the City to cut or move any of the wires, cables, amplifiers or other such appurtenances to the Network of the Operator, such cutting or moving may be completed after a reasonable attempt to contact the Operator has been made. Any repairs rendered necessary thereby shall be made by the Operator at its sole expense.

12. Alternate routing of network. In the event continued use of a street or other easement or right-of-way is denied to the Operator by the City, the Operator shall provide service to the effected subscribers over alternate routes within a reasonable period of time agreed upon by the City so long as it is financially and technically feasible to do so.