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City road, right-of-way, or other City property so vacated, and the City shall not be liable <br />for any damages or loss to Mobilitie by reason of such termination other than those <br />provided for in RCW 35.99. <br />Section 7. Franchise Compliance. <br />A. Franchise Violations. The failure by Mobilitie to fully comply with any of <br />the provisions of this Franchise Agreement may result in a written notice from the City <br />that describes the violations of the Franchise Agreement and requests remedial action <br />within 60 days of receipt of such notice. If Mobilitie has not attained full compliance at the <br />end of the 60 -day period following receipt of the violation notification, the City may declare <br />an immediate termination of all franchise rights and privileges, provided that full <br />compliance was reasonably possible within that 60 -day period. <br />B. Emergency Actions. <br />1. If any of Mobilitie's actions under this Franchise Agreement, or any <br />failure by Mobilitie to act to correct a situation caused by Mobilitie, is reasonably deemed <br />by the City to create a threat to life or property, financial harm, or cause a delay of the <br />construction, repair or maintenance of the public improvement, the City may order <br />Mobilitie to immediately correct said threat, financial harm, or delay or, at the City's <br />discretion, the City may undertake measures to correct said threat, financial harm or delay <br />itself; provided that, when possible, the City shall notify Mobilitie and give Mobilitie an <br />opportunity to correct within a specified time said threat, financial harm, or delay before <br />undertaking such corrective measures. Mobilitie shall be liable for all reasonable costs, <br />expenses, and damages attributed to the correction of such an emergency situation as <br />undertaken by the City to the extent that such situation was caused by Mobilitie and shall <br />further be liable for all reasonable costs, expenses, and damages resulting to the City <br />from such situation and any reimbursement of such costs to the City shall be made within <br />30 days of written notice of the completion of such action or determination of damages <br />by the City. The failure by Mobilitie to take appropriate action to correct a situation caused <br />by Mobilitie and identified by the City as a threat to public or private safety or property, <br />financial harm, or delay of the construction, repair, or maintenance of the public <br />improvement shall be considered a violation of the terms of this Franchise Agreement. <br />2. If, during Construction or maintenance of Mobilitie's Facilities, any <br />damage occurs to an underground facility and the damage results in the release of natural <br />gas or other hazardous substance or potentially endangers life, health, or property, <br />Mobilitie or its contractor shall immediately call 911 or other local emergency response <br />number. <br />C. Other Remedies. Nothing contained in this Franchise Agreement shall limit <br />the City's available remedies in the event of Mobilitie's failure to comply with the <br />provisions of this Franchise Agreement, to include but not limited to, the City's right to a <br />lawsuit for specific performance and/or damages. <br />D. Removal of System. In the event this Franchise Agreement is terminated <br />as a result of violations of the terms of this Franchise Agreement, Mobilitie shall, at its <br />sole expense, remove all system components and Facilities within 90 days of such <br />137061302.3 <br />53 <br />