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issue permits that are in compliance with the TMC and the City's generally applicable <br />design standards. During the progress of the work, the Franchisee shall not <br />unnecessarily obstruct the passage or proper use of the Rights -of -Way, and all work by <br />the Franchisee in the area shall be performed in accordance with applicable City <br />standards and specifications. In no case shall any work commence within any Rights -of - <br />Way without a permit, except as otherwise provided in this Franchise. <br />Section 9.3. If the Franchisee shall at any time plan to make excavations in any <br />area covered by this Franchise and as described in this Section 9.3, the Franchisee shall <br />afford the other, upon receipt of a written request to do so, an opportunity to share such <br />excavation, PROVIDED THAT: <br />(a) Such joint use shall not unreasonably delay the work of the Franchisee <br />causing the excavation to be made; <br />(b) Such joint use shall be arranged and accomplished on terms and conditions <br />satisfactory to both parties; and <br />(c) Franchisee may deny such request for safety reasons. <br />Section 9.4. Except for emergency situations, Franchisee shall give at least <br />seven (7) days' prior notice of intended construction to residents in the affected area prior <br />to any underground construction or disturbance. Such notice shall contain the dates, <br />contact number, nature and location of the work to be performed. At least twenty-four <br />(24) hours prior to entering private property or streets or public easements adjacent to or <br />on such private property, Franchisee shall physically post a notice on the property <br />indicating the nature and location of the work to be performed. Door hangers are <br />permissible methods of notifications to residents. Franchisee shall make a good faith <br />effort to comply with the property owner/resident's preferences, if any, on location or <br />placement of underground installations (excluding aerial cable lines utilizing existing poles <br />and existing cable paths), consistent with sound engineering practices. Following <br />performance of the work, Franchisee shall restore the private property as nearly as <br />possible to its condition prior to construction, except for any change in condition not <br />caused by Franchisee. Any disturbance of landscaping, fencing, or other improvements <br />on private property caused by Franchisee's work shall, at the sole expense of Franchisee, <br />Page 13 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />17 <br />