BOLDYN NETWORKS US LLC - Laserfiche WebLink

Docusign Envelope ID: 630D402A-480E-441F-B23E-642A498E5ED5 ENCROACHER shall notify CITY and shall either promptly vacate and remove the Network Facilities at its own expense or, at the discretion of the City Engineer, may abandon some or all of the Network Facilities in place. Notwithstanding the foregoing, this section shall not apply to Network Facilities installed to meet future demand or needs for capacity and identified as such to CITY on the Master Plan. CITY may require ENCROACHER to remove at its expense, or at the discretion of the City Engineer, abandon in place, any portion of the Network Facilities that ENCROACHER has not used for a period of at least twelve (12) months. If ENCROACHER fails to remove the unused or abandoned Network Facilities within one hundred twenty (120) days of receiving notice from CITY and the City Engineer has not approved abandonment in place, and ENCROACHER has not been subject to a force majeure or other event beyond its control, the City may (but shall not be obligated to) remove the Network Facilities at the sole expense of ENCROACHER, and ENCROACHER shall promptly reimburse the City for any and all expenses, including but not limited to administrative, legal and consultant costs, within ten (10) business days after receiving an invoice from CITY. 5.7 When removal or relocation is required under this Agreement, ENCROACHER shall, after the removal or relocation of the Network Facilities, at its own cost and expense, repair and return the Public Right -of -Way in which the Network Facilities were located to a safe and satisfactory condition comparable or better to the condition of the Public Right -of -Way prior to the start of such removal or relocation work in compliance with applicable Laws and all construction -related conditions and specifications as established by CITY consistent with applicable Laws. Before proceeding with removal or relocation work, ENCROACHER shall obtain a utility encroachment permit from the CITY. CITY shall not unreasonably delay issuance of any such utility encroachment permit. ENCROACHER shall, within ten (10) days after any removal of Network Facilities, give notice thereof to CITY specifying the right-of-way affected and the location thereof as well as the date of removal. 5.8 In the event said Network Facilities are not removed or relocated within the timelines specified in any CITY notification, subject to force majeure events or events beyond the control of ENCROACHER, CITY may (but shall not be obligated to) cause the same to be done at the sole expense of ENCROACHER, and ENCROACHER shalt promptly reimburse the City for any and all expenses, including but not limited to administrative, legal and consultant costs, within ten (10) business days after receiving an invoice from the City. SECTION 6 CONSTRUCTION PERMIT AND FEES 6.1 Consistent with applicable Laws, ENCROACHER shall apply for an encroachment permit (and such other permits and approvals as may be required) for all work and each job within the Public Right -of -Way. ENCROACHER shall furnish detailed plans of the work and other such information as required by the City Engineer of CITY and shall pay all required CITY fees including, without limitation, processing, field marking, engineering and inspection fees prior to issuance of permit in accordance with the rates in effect at the time of permit issuance. To the extent that CITY retains any contractors, consultants or experts to review permit applications, issue permits or supervise or inspect any construction, installation or other work in connection with this Agreement, CITY shall be entitled to n conne recover from ENCROACHER the actual, reasonable and direct costs incurred by CITY iction with such services. CITY shall not invoice ENCROACHER for any fees in excess of its published right- of-way permit processing fees for each permit application ENCROACHER submits, unless CITY has provided ENCROACHER an invoice for such fees that includes the name of each CITY employee or -9- [SEC=PR OTECTE D!