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(B) Whenever Grantee disturbs or damages any Right-of-Way, other public
<br /> property or any private property, Grantee shall promptly restore the Right-of-Way or property to
<br /> at least its prior condition, normal wear and tear excepted, at its own expense.
<br /> (C) Rights-of-Way and Other Public Property. Grantee shall warrant any
<br /> restoration work performed by or for Grantee in the Right-of-Way or on other public property for
<br /> one (I) year. If restoration is not satisfactorily performed by the Grantee within a reasonable
<br /> time, the City may, after prior notice to the Grantee, or without notice where the disturbance or
<br /> damage may create a risk to public health or safety, cause the repairs to be made and recover the
<br /> cost of those repairs from the Grantee. Within thirty (30) days of receipt of an itemized list of
<br /> those costs, including the costs of labor, materials and equipment, the Grantee shall pay the City.
<br /> (D) Private Property. Upon completion of the work that caused any
<br /> disturbance or damage, Grantee shall promptly commence restoration of private property, and
<br /> will use its best efforts to complete the restoration within seventy-two (72)hours, considering the
<br /> nature of the work that must be performed.
<br /> 9.12. Discontinuing Use/Abandonment of Open Video System Facilities
<br /> Whenever Grantee intends to discontinue using any facility within the Rights-of-Way,
<br /> Grantee shall submit for the City's approval a complete description of the facility and the date on
<br /> which Grantee intends to discontinue using the facility. Grantee may remove the facility or
<br /> request that the City permit it to remain in place. Notwithstanding Grantee's request that any
<br /> such facility remain in place, the City may require Grantee to remove the facility from the Right-
<br /> of-Way or modify the facility to protect the public health, welfare, safety, and convenience, or
<br /> otherwise serve the public interest. The City may require Grantee to perform a combination of
<br /> modification and removal of the facility. Grantee shall complete such removal or modification
<br /> in accordance with a schedule set by the City. Until such time as Grantee removes or modifies
<br /> the facility as directed by the City, or until the rights to and responsibility for the facility are
<br /> accepted by another Person having authority to construct and maintain such facility, Grantee
<br /> shall be responsible for all necessary repairs and relocations of the facility, as well as
<br /> maintenance of the Right-of-Way, in the same manner and degree as if the facility were in active
<br /> use, and Grantee shall retain all liability for such facility. If Grantee abandons its facilities, the
<br /> City may choose to use such facilities for any purpose whatsoever including, but not limited to,
<br /> Access purposes.
<br /> 9.13. Movement of Open Video System Facilities For City Purposes
<br /> The City shall have the right to require Grantee to relocate, remove, replace, modify or
<br /> disconnect Grantee's facilities and equipment located in the Rights-of-Way or on any other
<br /> property of the City in the event of an emergency or when reasonable public convenience
<br /> requires such change (for example, without limitation, by reason of traffic conditions, public
<br /> safety, Right-of-Way vacation, Right-of-Way construction, change or establishment of Right-of-
<br /> Way grade, installation of sewers, drains, gas or water pipes, or any other types of structures or
<br /> improvements by the City for public purposes). Such work shall be performed at the Grantee's
<br /> expense. Except during an emergency, the City shall provide reasonable notice to Grantee, not
<br /> to be less than five (5) business days, and allow Grantee the opportunity to perform such action.
<br /> In the event of any capital improvement project exceeding $500,000 in expenditures by the City
<br /> which requires the removal, replacement, modification or disconnection of Grantee's facilities or
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