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On notice from the City that any work is being performed contrary to the provisions of this Franchise, <br />or in an unsafe or dangerous manner as determined by the City, or in violation of the terms of any <br />applicable permit, laws, regulations, ordinances, or standards, the work may immediately be stopped <br />by the City by issuing a stop work order using the procedures established by the EMC. <br />8.16. Work of Contractors and Subcontractors <br />Grantee's contractors and subcontractors shall be licensed and bonded in accordance with the City's <br />ordinances, regulations and requirements. Work by contractors and subcontractors is subject to the <br />same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall <br />be responsible for all work perfoitued by its contractors and subcontractors and others perfoinuing <br />work on its behalf as if the work were performed by it, and shall ensure that all such work is performed <br />in compliance with this Franchise and other applicable law, and shall be jointly and severally liable <br />for all damages and correcting all damage caused by them. It is Grantee's responsibility to ensure that <br />contractors, subcontractors or other Persons performing work on Grantee's behalf are familiar with <br />the requirements of this Franchise and other applicable laws governing the work performed by them. <br />8.17. Construction Bond <br />A. Prior to commencing a construction project Grantee shall provide an Assurance to ensure the <br />faithful perfoitnance of its responsibilities under this Franchise and applicable law, including, by way <br />of example and not limitation, its obligations to restore City streets and other property. The amount <br />of the Assurance shall be 125% of the Petinittee's estimated cost of the construction in the public <br />Right of Way of the City. Grantee shall pay all premiums or costs associated with maintaining the <br />Assurance, and shall keep the same in full force and effect until the construction of the Facilities shall <br />have been completed and all restoration of public and private property shall have occurred regarding <br />thereto. <br />B. The Assurance may be drawn upon by the City for any proper purpose under this Franchise or as <br />otherwise provided by applicable law. <br />C. The City shall give Grantee written notice of any withdrawal under this subsection upon such <br />withdrawal. Within seven (7) days following receipt of such notice, Grantee shall restore the <br />Assurance to the amount required under this Franchise Grantee's maintenance of the Assurance shall <br />not be construed to excuse unfaithful performance by Grantee or to .limit the liability of Grantee to <br />the amount of the Assurance or otherwise to limit the City's recourse to any other remedy available at <br />law or equity. <br />D. Grantee shall have the right to appeal to the Finance Director for reimbursement in the event <br />Grantee believes that the Assurance was drawn upon improperly. Grantee shall also have the right of <br />judicial appeal if Grantee believes the Assurance has not been properly drawn upon in accordance <br />with this Franchise. Any funds the City erroneously or wrongfully withdraws from the Assurance <br />shall be returned to Grantee with interest, from the date of withdrawal at a rate equal to the prime rate <br />of interest as quoted in the Wall Street Journal. <br />{DPK2242501.DOCX;4/13113.000007/ } <br />Wireline Franchise <br />22 of 30 <br />