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improvement project and project schedules to avoid delay, hindrance of, or interference <br />with such project. <br />g, Should Sprint fail to alter, adjust, protect in place or relocate any <br />facilities ordered by the City to be altered, adjusted, protected in place, or relocated, <br />within the time prescribed by the City, given the nature and extent of the work, or if it is <br />not done to the City's reasonable satisfaction, the City may, to the extent the City may <br />lawfully do so, cause such work to be done and bill the reasonable cost of the work to <br />Sprint, including all reasonable costs and expenses incurred by the City due to Sprint's <br />delay. In such event, the City shall not be liable for any damage to any portion of <br />Sprint's system. In addition to any other indemnity set forth in this Franchise <br />Agreement, Sprint will indemnify, hold harmless, and pay the costs of defending the City <br />from and against any and all claims, suits, actions, damages, or liabilities for delays on <br />public improvement construction projects caused by or arising out of the failure of Sprint <br />to adjust, modify, protect in place, or relocate its facilities in a timely manner; provided <br />that, Sprint shall not be responsible for damages due to delays caused by the City, <br />6. Removal or Abandonment. Upon the removal from service of any service <br />antennas or other associated structures, facilities and amenities, Sprint shall comply <br />with all applicable standards and requirements prescribed by the City of Tukwila's <br />Public Works Department for the removal or abandonment of said structures and <br />facilities, No facility constructed or owned by Sprint shall be abandoned without the <br />express written consent of the City. <br />7. Bond. Before undertaking any of the work, installation, improvements, <br />construction, repair, relocation, or maintenance authorized by this Franchise <br />Agreement, Sprint shall, upon the written request of the City, furnish a bond executed <br />by Sprint and a corporate surety authorized to operate a surety business in the State of <br />Washington, in such sum as may be set and approved by the City as sufficient to <br />ensure performance of Sprint's obligations under this Franchise Agreement, provided, <br />however, that such sum shall not exceed 150% of the cost of the work to be done or the <br />telecommunications system to be installed by Sprint in the City rights-of-way. At <br />Sprint's sole option, Sprint may provide alternate security in the form of an assignment <br />of funds or a letter of credit, in the same amount as the bond. All forms of security shall <br />be in the form reasonably acceptable to the City. The bond shall be conditioned so that <br />Sprint shall observe all the covenants, terms and conditions and shall faithfully perform <br />all of the obligations of this Franchise Agreement, and to repair or replace any defective <br />Sprint work or materials discovered in the City's roads, streets or property. <br />8, "One -Call" Location and Liability. Sprint shall subscribe to and maintain <br />membership in the regional "One -Call" utility location service and shall promptly locate <br />all of its lines upon request. The City shall not be liable for any damages to Sprint's <br />system components or for interruptions in service to Sprint customers which are a direct <br />result of work performed for any City project for which Sprint has failed to properly <br />locate its lines and facilities within the prescribed time limits and guidelines established <br />by One -Call. The City shall also not be liable for any damages to the Sprint system <br />components or for interruptions in service to Sprint customers resulting from work <br />performed under a permit issued by the City. <br />W: Word ProcessingNOrdinancesXSprint Franchise Agreement a_11-17 <br />BG:bjs Page 5 of 12 200 <br />