Ordinance 3444-15 with Acceptance

the City shall not be liable for any damage to any portion of Grantee's Telecommunications System. Within thirty (30) days of receipt of an itemized list of those costs, the Grantee shall pay the City. 9.2 Relocation of Telecommunication Facilities for Others. Unless provided otherwise by an applicable pole attachment agreement, if any removal, replacement, modification or disconnection of the Telecommunications System is required to accommodate the construction, operation or repair of the Facilities or equipment of another City franchise holder, Grantee shall, after at least thirty (30) days' advance written notice, take action to effect the necessary changes requested by the responsible entity. Grantee may require that the benefited party pay the costs associated with the removal or relocation. Nothing in the provision shall be construed to give preference or priority to one franchise holder over another with respect to placement or location of facilities. 9.3 Temporary Changes for Other Permitees. At the request of any Person holding a valid permit and upon reasonable advance notice, Grantee shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, vehicle, equipment or other item. The permit holder must pay the expense of such temporary changes, and Grantee may require a reasonable deposit of the estimated payment in advance. 10. ADDITIONAL FACILITIES 10.1 Grantee to Provide Additional Facilities. The Grantee shall construct and install additional ducts, conduits, and related structures necessary to access the conduit when and where requested by the City in accordance with this Section 10. The City shall only be charged for or responsible for the Incremental Costs, except as provided for in Section 10.5. 10.2 Notice of Incremental and Fully Allocated Costs. At least one hundred twenty (120) days prior to any construction, relocation, or placement of ducts, conduits or related structures in public Rights -of -Way, Grantee shall notify the City of the Incremental and Fully Allocated Costs of the Grantee of providing the City with additional duct, conduit and related structures necessary to access the conduit and of the date such construction, relocation or placement will begin; provided, however, that Grantee need not notify the City of Incremental or Fully Allocated Costs related to Facilities for which the City granted permits for construction prior to the effective date of this Franchise. At its sole option and expense, the City may examine, inspect or audit Grantee's books and records to confirm Grantee's calculation of applicable Incremental or Fully Allocated Costs. If Grantee and the City disagree regarding the appropriateness of Grantee's proposed Incremental or Fully Allocated Costs, the parties agree to negotiate. If the parties do not agree, the City may order Grantee to proceed with the work, and the Superior Court of Snohomish County, Washington shall determine the actual amount of Incremental or Fully Allocated Costs. 23 of 30