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Section 5. Location of Facilities. <br />Section 5.1. Franchisee is maintaining a telecommunications network, consisting <br />of Facilities within the City. Franchisee may locate its Facilities anywhere within the <br />Franchise Area consistent with the City's Infrastructure, Design and Construction <br />standards and the Tukwila Municipal Code and subject to the City's applicable permit <br />requirements. Franchisee shall not commence any construction or other similar work <br />within a Public Right -of -Way until (i) a right-of-way use permit authorizing such work has <br />been issued by the City pursuant to Title 11 TMC for a site -specific location or installation, <br />including, but not limited to, relocations, and (ii) if required by Title 16 TMC, a building <br />permit authorizing such work has been issued by the City. <br />Section 5.2. To the extent that any Rights -of -Way within the Franchise Area are <br />part of the state highway system ("State Highways"), are considered managed access by <br />the City and are governed by the provisions of Chapter 47.24 RCW and applicable <br />Washington State Department of Transportation (WSDOT) regulations, Franchisee shall <br />comply fully with said requirements in addition to local ordinances and other applicable <br />regulations. Franchisee specifically agrees that: <br />(a) any pavement trenching and restoration performed by Franchisee within <br />State Highways shall meet or exceed applicable WSDOT requirements; <br />(b) any portion of a State Highway damaged or injured by Franchisee shall be <br />restored, repaired and/or replaced by Franchisee to a condition that meets or <br />exceeds applicable WSDOT requirements; and <br />(c) without prejudice to any right or privilege of the City, WSDOT is authorized <br />to enforce in an action brought in the name of the State of Washington any <br />condition of this Franchise with respect to any portion of a State Highway. <br />Section 6. Relocation of Facilities <br />Section 6.1. The Franchisee agrees and covenants that, upon reasonable notice, <br />it will promptly, at its sole cost and expense, protect, support, temporarily disconnect, <br />relocate, or remove from any Public Right -of -Way any portion of the Franchisee Facilities <br />when so required by the City due to any of the following reasons: (i) traffic conditions, <br />Page 5 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />9 <br />