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Franchisee shall pay such costs and expenses directly to the City in accordance with the <br />provisions of Section 14.3. <br />Section 14.2. In addition to Section 14.1, Franchisee shall promptly reimburse the <br />City in accordance with the provisions of Section 14.3 and Section 14.4 for any and all <br />costs the City reasonably incurs in response to any emergency situation involving <br />Franchisee's Facilities, to the extent said emergency is not the fault of the City. <br />Section 14.3. Consistent with state law, Franchisee shall reimburse the City within <br />sixty (60) days of submittal by the City of an itemized billing for reasonably incurred costs, <br />itemized by project, for Franchisee's proportionate share of all actual, identified expenses <br />incurred by the City in planning, constructing, installing, repairing, altering, or maintaining <br />any City facility as the result of the presence of Franchisee's Facilities in the Right -of - <br />Way. Such costs and expenses shall include but not be limited to Franchisee's <br />proportionate cost of City personnel assigned to oversee or engage in any work in the <br />Right -of -Way as the result of the presence of Franchisee's Facilities in the Right -of -Way. <br />Such costs and expenses shall also include Franchisee's proportionate share of any time <br />spent reviewing construction plans in order to either accomplish the relocation or rerouting <br />of Franchisee's Facilities for any City public works project. <br />Section 14.4. The time of City employees shall be charged at their respective rate <br />of salary, including overtime if applicable, plus benefits and reasonable overhead. Any <br />other costs will be billed proportionately on an actual cost basis. All billings will be <br />itemized so as to specifically identify the costs and expenses for each project for which <br />the City claims reimbursement. A charge for the actual costs incurred in preparing the <br />billing may also be included in said billing. Billing will be made on a monthly basis. <br />Section 15. Citv's Reservation of Rights <br />Section 15.1. Franchisee hereby represents that its operations as authorized <br />under this Franchise are those of a telephone business as defined in RCW 82.16.010, or <br />service provider as defined in RCW 35.21.860. As a result, the City will not impose a <br />Franchise fee under the terms of this Franchise, other than as described herein. The City <br />hereby reserves its right to impose a Franchise fee on Franchisee if Franchisee's <br />operations as authorized by this Franchise change such that the statutory prohibitions of <br />Page 21 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />25 <br />