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, � <br /> , � <br /> (b) The developer shall accommodate all Wireline MVPD's in the joint <br /> utilities trench on the same terms and conditions. <br /> (c) Grantee will install infrastructure in a11 new developments planned by the <br /> City, however, said infrastructure may be limited to a conduit only system. Grantee <br /> reserves the right to participate in the common trench or to dig its own trench. Grantee <br /> shall be required to complete its infrastructure no later than ninety (90) days after it <br /> receives notice from the City that the first certificate of occupancy has been issued for a <br /> particular development, subject to the completion of any required plant construction <br /> under Section 3.4(a) <br /> (d) The developer shall provide at least ten (10) business days notice of the <br /> date that utility trenches will be open to Grantee. Grantee shall not be required to use <br /> utility trenches provided by a developer and reserves the right to install its System in a <br /> separate trench at its own expense, subject to its compliance with applicable permitting <br /> requirements. <br /> (i) Developer shall submit evidence to City that: <br /> 1. It has notified Grantee that underground utility trenches are <br /> to be open as of an estimated date, and that Grantee is allowed access to <br /> such trenches, including trenches from proposed Streets to individual <br /> homes or home sites, on the same terms and conditions as other Wireline <br /> MVPD's; and <br /> 2. It has received a written notification from Grantee that <br /> Grantee intends to install its facilities during the open trench period on the <br /> specified terms and conditions, or such other terms and conditions as are <br /> mutually agreeable to the developer and Grantee. <br /> (9) Use of Streets and Property. Any and all Streets or public property or private <br /> property, which are disturbed or damaged during the construction, repair, replacement, <br /> relocation, operation,maintenance or reconstruction of the System shall be promptly and fully <br /> restored by Grantee, at its expense,to a condition as, good as that prevailing prior to Grantee's <br /> work, as approved by City in the case of Streets and other public property. If Grantee shall fail <br /> to promptly perform the restoration required herein, City shall have the right, subject to , <br /> Applicable Law, to put the Streets,public, or private property back into good condition. City <br /> reserves its rights to pursue reimbursement for such restoration from Grantee in accordance with <br /> Applicable Law and the terms of this Franchise. <br /> (a) Nothing in this Franchise sha11 be construed to prevent City from <br /> constructing,maintaining, repairing or relocating sewers; grading, paving, maintaining, <br /> repairing, relocating and/or altering any Street; constructing, laying down, repairing, <br /> maintaining or relocating any water mains; or constructing, mainta.ining,relocating, or <br /> repairing any sidewalk or other public work. <br /> (b) The Grantee shall furnish to and file with City Administrator strand maps <br /> of the System, including the location of underground facilities, and Grantee shall file with <br /> 171276v2 11 <br />