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Section 8.3. Whenever the construction, installation or excavation of Facilities <br />conducted by Franchisee as authorized by this Franchise has caused or materially <br />contributed to a condition that appears to substantially impair the lateral support of the <br />adjoining street or public place, or endangers the public, an adjoining public place, street <br />utilities or City property, the Public Works Director may direct Franchisee, at Franchisee's <br />own expense, to take reasonable action to protect the public, adjacent public places, City <br />property or street utilities, and such action may include compliance within a prescribed <br />time. In the event that Franchisee fails or refuses to promptly take the actions directed <br />by the City, or fails to fully comply with such directions, or if emergency conditions exist <br />which require immediate action, before the City can timely contact Franchisee to request <br />Franchisee effect the immediate repair, the City may enter upon the property and take <br />such reasonable actions as are necessary to protect the public, the adjacent streets, or <br />street utilities, or to maintain the lateral support thereof, or reasonable actions regarded <br />as necessary safety precautions, and Franchisee shall be liable to the City for the costs <br />thereof. <br />Section 9. Work in the Rights -of -Way. <br />Section 9.1. During any period of relocation, construction or maintenance, all <br />work performed by Franchisee or its contractors shall be accomplished in a safe and <br />workmanlike manner, so to minimize interference with the free passage of traffic and the <br />free use of adjoining property, whether public or private. Franchisee shall at all times post <br />and maintain proper barricades, flags, flaggers, lights, flares and other measures as <br />required for the safety of all members of the general public and comply with all applicable <br />safety regulations during such period of construction as required by the ordinances of the <br />City or the laws of the State of Washington, including RCW 39.04.180 for the construction <br />of trench safety systems. <br />Section 9.2. Whenever Franchisee shall commence work in any Rights -of -Way <br />for the purpose of excavation, installation, construction, repair, maintenance, or relocation <br />of its cable or equipment, it shall apply to the City for a permit to do so and, in addition, <br />shall give the City at least ten (10) working days prior notice (except in the case of an <br />emergency) of its intent to commence work in the Rights -of -Way. The City shall only <br />Page 12 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />16 <br />