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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 performed by its contractors and subcontractors and others performing <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 performance 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 Permittee'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 22 of 30 <br />