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<br />232860v1
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<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,
<br />replacement, relocation, operation, maintenance or reconstruction of the System
<br />shall be promptly and fully restored by Grantee, at its expense, to a condition as
<br />good as that prevailing prior to Grantee's work, as approved by City in the case of
<br />Streets and other public property. If Grantee shall fail to promptly perform the
<br />restoration required herein, City shall have the right, subject to Applicable Law, to
<br />put the Streets, public, or private property back into good condition. City reserves
<br />its rights to pursue reimbursement for such restoration from Grantee in accordance
<br />with Applicable Law and the terms of this Franchise.
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<br />a. Nothing in this Franchise shall be construed to prevent City from
<br />constructing, maintaining, repairing or relocating sewers; grading, paving,
<br />maintaining, repairing, relocating and/or altering any Street; constructing,
<br />laying down, repairing, maintaining or relocating any water mains; or
<br />constructing, maintaining, relocating, or repairing any sidewalk or other
<br />public work.
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<br />b. The Grantee shall furnish to and file with City Administrator strand maps of
<br />the System, including the location of underground facilities, and Grantee shall
<br />file with City updates of such maps, plats, and permanent records annually if
<br />changes have been made in the System. City shall have right to travel to
<br />Grantee's office, within reasonable proximity of the City, to review an as-built
<br />map in accordance with Section 7(3) of this Franchise.
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<br />c. If at any time during the period of this Franchise, the City shall elect to alter,
<br />or change the grade or location of any Street, alley or other public way, the
<br />Grantee shall, at its own expense, upon reasonable notice by City, remove and
<br />relocate its poles, wires, cables, conduits, manholes and other fixtures of the
<br />System, and in each instance comply with the standards and specifications of
<br />City. If City reimburses other occupants of the Street, Grantee shall be
<br />likewise reimbursed.
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<br />d. The Grantee shall, on request of any Person holding a moving permit issued
<br />by City, temporarily move its wires or fixtures to permit the moving of
<br />buildings with the expense of such temporary removal to be paid by the
<br />Person requesting the same in advance of the work being performed, and the
<br />Grantee shall be given not less than ten (10) days advance notice to arrange
<br />for such temporary changes.
<br />(10) Tree Trimming. Grantee shall have the authority to trim trees, in accordance
<br />with all applicable utility restrictions, ordinance and easement restrictions, upon
<br />and hanging over Streets and public places of the City so as to prevent the
<br />branches of such trees from coming in contact with the wires and cables of
<br />Grantee. City representatives shall have authority to supervise and approve all
<br />trimming of trees conducted by Grantee. Grantee will contact the owners of
<br />private easements prior to engaging in the trimming of trees or shrubs adjacent to
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