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4. Upon final approval of the relocation plan by the City, Franchisee shall, at its
<br />own expense, unless otherwise prohibited by statute, and at the time frame specified by
<br />the City, temporarily or permanently remove, relocate, place underground, change or alter
<br />the position of any Facilities or structures within the right-of-way whenever the City has
<br />determined that such removal, relocation, undergrounding, change, or alteration is
<br />reasonably necessary for the construction, repair, maintenance, installation, public safety,
<br />or operation of any public improvement in or upon the rights-of-way. In the event
<br />relocation is required by reason of construction by a third party, non-governmental entity,
<br />for the sole benefit of the third party, non-governmental entity then Franchisee's relocation
<br />costs shall be borne by the third party.
<br />5. If during the construction, repair, or maintenance of the City's public
<br />improvement project an unexpected conflict occurs from Franchisee's Facilities,
<br />Franchisee shall, upon notification from the City, respond within 24 hours to resolve the
<br />conflict.
<br />6. Franchisee acknowledges and understands that any delay by Franchisee in
<br />performing the work to alter, adjust, relocate, or protect in place its Facilities within the
<br />public rights-of-way may delay, hinder, or interfere with the work performed by the City
<br />and its contractors and subcontractors in furtherance of construction, alteration, repair, or
<br />improvement of the public rights-of-way, and result in damage to the City, including but
<br />not limited to delay claims. Franchisee shall cooperate with the City and its contractors
<br />and subcontractors to coordinate such relocation work to accommodate the public
<br />improvement project and project schedules to avoid delay, hindrance of, or interference
<br />with such project.
<br />7. Should Franchisee fail, within thirty (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 Franchisee, including all reasonable
<br />costs and expenses incurred by the City due to Franchisee's delay. In such event, the
<br />City shall not be liable for any damage to any portion of Franchisee's system. In addition
<br />to any other indemnity set forth in this Franchise Agreement, Franchisee 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 Franchisee to adjust,
<br />modify, protect in place, or relocate its Facilities in a timely manner; provided that,
<br />Franchisee shall not be responsible for damages due to delays caused by the City.
<br />N. Removal or Abandonment. Upon the removal from service of any service
<br />antennas or other associated structures, Facilities and/or amenities, Franchisee shall
<br />comply 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 Franchisee shall be abandoned without the
<br />express written consent of the City.
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