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Franchisee to make the necessary repairs and alterations specified therein forthwith to <br />correct the unsafe condition by a time the City establishes in its discretion. The City has <br />the right to inspect, repair, and correct the unsafe condition if Franchisee fails to do so, <br />and to reasonably charge Franchisee for the actual and documented costs incurred to <br />perform such inspection, repair, or correction. Payment by Franchisee will be made within <br />thirty (30) days following receipt of written notice including itemized invoice and <br />supporting documentation evidencing such cost. The authority and remedy set forth <br />herein this section is in addition to, and not a substitute for, any authority the City may <br />otherwise have to take enforcement action for violation of City Codes or Standards. <br />K. Alteration. Except as may be shown in the Design Documents approved <br />by the City or the records drawings, or as may be necessary to respond to an Emergency, <br />Franchisee and Franchisee's contractors and subcontractors may not make any material <br />alterations to the Franchise Area without the City's prior written consent, which consent <br />shall not be unreasonably withheld. The parties acknowledge that nothing in this <br />Agreement limits the City's rights under applicable federal, state, and local laws to <br />regulate the placement and appearance of Franchisee's Facilities in the Franchise Area. <br />Material alteration shall include, but not be limited to: a change in the dimension, height, <br />location, or placement of the Facilities. If Franchisee desires to change either the location <br />of any Facilities or otherwise materially deviates from the approved design of any of the <br />Facilities, Franchisee shall submit such change to the City in writing for its approval. <br />Franchisee shall have no right to commence any such alteration until after Franchisee <br />has received the City's approval of such change in writing. Under no circumstance shall <br />Franchisee permanently affix anything in the Franchise Area that has not been permitted <br />by the City and that inconveniences the public use of the right of way or adversely affects <br />the public health, safety, or welfare. Notwithstanding the foregoing, alterations shall not <br />be material and shall not be subject to additional permitting or City approval to the extent <br />that: (i) such modification to the attachment involves only substitution of internal <br />components, and does not result in any change to the external appearance, dimensions, <br />or weight of the attachment, as approved by the City; or (ii) such modification involves <br />replacement of the attachment with an attachment that is the same, or smaller in weight <br />and dimensions as the approved attachment. Mobilitie will notify the City of any such <br />modification within fifteen (15) days after the modification is made. <br />L. Underground Installation Required. All telecommunications cables and <br />junction boxes or other vaulted system components shall be installed underground when <br />and to the extent required by Tukwila Municipal Code § 11.32.090(B), unless otherwise <br />exempted from this requirement, in writing, by the Public Works Director, provided <br />however, this requirement shall not apply to the Facilities that are required to remain <br />above ground in order to be functional. <br />137061302.3 <br />49 <br />