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accept the alternatives suggested by VERIZON, VERIZON shall relocate its Facilities as
<br />otherwise specified in Section 6, subparagraph 5.
<br />d. Upon final approval of the relocation plan by the City, VERIZON shall,
<br />at its own expense, unless otherwise prohibited by statute, and at the time frame
<br />specified by the City, temporarily or permanently remove, relocate, place underground,
<br />change, or alter the position of any Facilities or structures within the right-of-way
<br />whenever the City has determined that such removal, relocation, undergrounding,
<br />change or alteration is reasonably necessary for the construction, repair, maintenance,
<br />installation, public safety, or operation of any public improvement in or upon the rights-
<br />of-way. In the event relocation is required by reason of construction by a third party,
<br />non-governmental entity, for the sole benefit of the third party, non-governmental entity
<br />then VERIZON's relocation costs shall be borne by the third party.
<br />e. If during the construction, repair, or maintenance of the City's public
<br />improvement project an unexpected conflict occurs from VERIZON's Facilities,
<br />VERIZON shall, upon notification from the City, respond within 24 hours to resolve the
<br />conflict.
<br />f. VERIZON acknowledges and understands that any delay by VERIZON
<br />in performing the work to alter, adjust, relocate, or protect in place its Facilities within
<br />the public rights-of-way may delay, hinder, or interfere with the work performed by the
<br />City and its contractors and subcontractors in furtherance of construction, alteration,
<br />repair, or improvement of the public rights-of-way, and result in damage to the City,
<br />including but not limited to, delay claims. VERIZON shall cooperate with the City and its
<br />contractors and subcontractors to coordinate such relocation work to accommodate the
<br />public improvement project and project schedules to avoid delay, hindrance of, or
<br />interference with such project.
<br />g. Should VERIZON fail, within 30 days of receipt of written notice from
<br />the City, to alter, adjust, protect in place or relocate any Facilities ordered by the City to
<br />be altered, adjusted, protected in place, or relocated, within the time prescribed by the
<br />City, given the nature and extent of the work, or if it is not done to the City's reasonable
<br />satisfaction, the City may, to the extent the City may lawfully do so, cause such work to
<br />be done and bill the reasonable cost of the work to VERIZON, including all reasonable
<br />costs and expenses incurred by the City due to VERIZON's delay. In such event, the
<br />City shall not be liable for any damage to any portion of VERIZON's system. In addition
<br />to any other indemnity set forth in this Franchise Agreement, VERIZON will indemnify,
<br />hold harmless, and pay the costs of defending the City from and against any and all
<br />claims, suits, actions, damages, or liabilities for delays on public improvement
<br />construction projects caused by or arising out of the failure of VERIZON to adjust,
<br />modify, protect in place, or relocate its Facilities in a timely manner; provided that,
<br />VERIZON shall not be responsible for damages due to delays caused by the City.
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