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Facilities being undergrounded in comparison to the total number and size of all other <br />utility facilities being undergrounded. <br />Section 7.3. To the extent Franchisee is providing Services to personal wireless <br />services facilities, Franchisee shall adhere to the design standards for such personal <br />wireless services facilities, and shall underground its Facilities and/or place its Facilities <br />within the pole as may be required by such design standards. For the purposes of clarity, <br />this Section 7.3 does not require undergrounding or interior placement of Facilities within <br />the pole to the extent that the personal wireless services facilities are located on utility <br />poles that have pre-existing aerial wireline facilities and provided such construction of <br />Franchisee's Facilities continue to comply with Section 7.1 or Section 7.2. <br />Section 7.4. Franchisee shall not remove any underground cable or conduit that <br />requires trenching or other opening of the Rights -of -Way along the extension of cable to <br />be removed, except as provided in this Section 7.4. Franchisee may remove any <br />underground cable and other related facilities from the Right -of -Way that has been <br />installed in such a manner that it can be removed without trenching or other opening of <br />the Right -of -Way along the extension of cable to be removed, or if otherwise permitted by <br />the City. Franchisee may remove any underground cable from the Rights -of -Way where <br />reasonably necessary to replace, upgrade, or enhance its Facilities, or pursuant to <br />Section 6. When the City determines, in the City's sole discretion, that Franchisee's <br />underground Facilities must be removed in order to eliminate or prevent a hazardous <br />condition, Franchisee shall remove the cable or conduit at Franchisee's sole cost and <br />expense. Franchisee must apply and receive a permit, pursuant to Section 9, prior to any <br />such removal of underground cable, conduit and other related facilities from the Right -of - <br />Way and must provide as -built plans and maps pursuant to Section 13.1. <br />Section 7.5. Both the City and Franchisee shall be entitled to reasonable access <br />to open utility trenches, provided that such access does not interfere with the other party's <br />placement of utilities or increase such party's actual costs. Franchisee shall pay to the <br />City the actual cost to the City resulting from providing Franchisee access to an open <br />trench, including without limitation the pro rata share of the costs to access the open <br />trench and any costs associated with the delay of the completion of a public works project. <br />Page 10 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />14 <br />