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alteration is reasonably necessary for the construction, repair, maintenance, installation,
<br />public safety, or operation of any public improvement in or upon the Public Right -of -Way.
<br />In the event relocation is required by reason of construction by a third party, non-
<br />governmental entity, for the sole benefit of the third party, non-governmental entity then
<br />Mobilitie's relocation 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 Mobilitie's Facilities, Mobilitie
<br />shall, upon notification from the City, respond within 24 hours to resolve the conflict
<br />(provided, however, that Mobilitie shall be given a reasonable period of time to resolve
<br />the conflict).
<br />6. Mobilitie acknowledges and understands that any delay by Mobilitie 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. Mobilitie shall cooperate with the City and its contractors and
<br />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 Mobilitie fail, within thirty (30) days of receipt of written notice
<br />from the City, to alter, adjust, protect in place, or relocate any Facilities ordered by the
<br />City to be altered, adjusted, protected in place, or relocated, within the time prescribed by
<br />the 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 Mobilitie, including all reasonable
<br />costs and expenses incurred by the City due to Mobilitie's delay. In such event, the City
<br />shall not be liable for any damage to any portion of Mobilitie's system. In addition to any
<br />other indemnity set forth in this Franchise Agreement, Mobilitie will indemnify, hold
<br />harmless, and pay the costs of defending the City from and against any and all claims,
<br />suits, actions, damages, or liabilities for delays on public improvement construction
<br />projects caused by or arising out of the failure of Mobilitie to adjust, modify, protect in
<br />place, or relocate its Facilities in a timely manner; provided that, Mobilitie shall not be
<br />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, Mobilitie shall comply
<br />with all applicable standards and requirements prescribed by the City of Tukwila's Public
<br />Works Department for the removal or abandonment of said structures and Facilities. No
<br />Facility Constructed or owned by Mobilitie shall be abandoned without the express written
<br />consent of the City.
<br />0. Bond. Before undertaking any of the work, installation, improvements,
<br />Construction, repair, relocation, or maintenance authorized by this Franchise Agreement,
<br />Mobilitie shall, upon the request of the City, furnish one bond executed by Mobilitie for all
<br />of Facilities in the City's rights-of-way, in the amount of Twenty -Five Thousand Dollars
<br />137061302.3
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