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10. ADDITIONAL FACILITIES <br />10 1 Grantee to Provide Additional Facilities <br />Pursuant to RCW 35.99.070, the Grantee shall construct and install additional ducts, conduits, and <br />related structures necessary to access the conduit upon the City entering into a contract as <br />contemplated in such law. <br />10.2. Contract and Compliance with RCW Chap. 80.36 <br />If the City requires Grantee to furnish additional duct, conduit or related structures pursuant to this <br />section, the City and Grantee shall construct the facilities to the same standards as Grantee's own <br />facilities, and shall turn such additional duct, conduit or related structures over to the City upon <br />completion of same and satisfactory inspection thereof by the City. Grantee shall be responsible for <br />required filings if any, with state agencies or commissions including, but not limited to, the <br />Washington Utilities and Transportation Commission pursuant to RCW Chap. 80.36. <br />10.3. Subsequent Responsibility for Fully Allocated Costs <br />If the City makes the additional duct or conduit and related access structures available to any entity <br />other than Grantee for the purposes of providing telecommunications or cable television service for <br />hire, sale, or resale to the general public, the City shall pay Grantee the difference between the <br />Incremental Costs and the Fully Allocated Costs. <br />11. FRANCHISE VIOLATIONS, REVOCATION AND TERMINATION <br />11.1. Procedure for Remedying Franchise Violations <br />A The City shall notify Grantee in writing, stating with reasonable specificity the nature of the <br />alleged default if: <br />(1) Grantee fails to perform any material obligation under this Franchise or under any other <br />agreement, ordinance or document regarding the City and Grantee; <br />(2) Grantee attempts to evade any material provision of this Franchise or to practice any fraud or <br />deceit upon the City or Subscribers; <br />(3) Grantee becomes insolvent, or if there is an assignment for the benefit of Grantee's creditors; <br />or <br />(4) Grantee fails to comply with all provisions of federal, state or local law pertaining to <br />Telecommunications System operators. <br />B. Grantee shall have thirty (30) days from the receipt of such notice to: <br />{DPK2242501.DOCX;4/13113.000007/ } <br />Wireline Franchise <br />24 of 30 <br />