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c. Mobilitie may, after receipt of written notice requesting a relocation
<br />of its Facilities, submit to the City written alternatives to such relocation within the time
<br />specified by the City. Such alternatives shall include the use and operation of temporary
<br />Facilities in adjacent rights-of-way. The City shall evaluate such alternatives and advise
<br />Mobilitie in writing if one or more of the alternatives are suitable to accommodate the
<br />work, which would otherwise necessitate relocation of the Facilities. If requested by the
<br />City, Mobilitie shall submit additional information to assist the City in making such
<br />evaluation. The City shall give each alternative proposed by Mobilitie full and fair
<br />consideration. In the event the City, in its - • _ -sole discretion, decides not to accept
<br />the alternatives suggested by Mobilitie, Mobilitie shall relocate its Facilities as directed by
<br />the City.
<br />d. Upon final approval of the relocation plan by the City, Mobilitie shall,
<br />at its own expense, unless otherwise prohibited by statute, and at the time frame specified
<br />ice underground, change or
<br />ublic Right -of -Way whenever
<br />dergrounding, change, or
<br />n, repai(,aintenance, installation,
<br />nt in or upor4$e Public RightRights-
<br />•onstruction by a third party, non -
<br />arty, non-governmental entity then
<br />arty.
<br />by the City, temporarily or permanently remove, relocate
<br />alter the position of any Facilities or structures within tl�
<br />the City has determined that such removal, reloca(,,'�
<br />alteration is reasonably necessary for the constru
<br />public safety, or operation of any public improv
<br />of -Way._ In the event relocation is required by r
<br />governmental entity, for the sole benefit of the t
<br />Mobilitie's relocation costs shall be borne
<br />e. If during the constru
<br />Improvement project an unexpe
<br />shall, upon notification from t
<br />I m r n
<br />the conflict)._
<br />in performing the
<br />Public Rights-of-Wa
<br />and its contractors an
<br />improvement of the Publii
<br />not limited to, delay claims.
<br />o maintenance of the City's Public
<br />con fl��ccursfrom Mobilitie's Facilities, Mobilitie
<br />res fid within 24 hours to resolve the conflict
<br />prof time cc d t� to rosomow. e. r.. r,,., ,,,.. .., , ....,.
<br />ledges and understands that any delay by Mobilitie
<br />to alter, . jut!/, relocate, or protect in place its Facilities within the
<br />ay delay hinder, or interfere with the work performed by the City
<br />ctors in furtherance of construction, alteration, repair, or
<br />is -of -Way, and result in damage to the City, including but
<br />obilitie 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 />q. Should Mobilitie fail, within ` 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 />W: Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.O.W. 6-28-18
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