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execution are satisfied; (iii) it has been approved by the City Council in accordance with
<br /> applicable law; and (iv) it has been accepted and executed by the Grantee and the City
<br /> (the "Effective Date").
<br /> SECTION 3.
<br /> CONSTRUCTION STANDARDS
<br /> 3.1 Registration,Permits and Construction Codes.
<br /> 3.1.1 The Grantee shall strictly adhere to all applicable State and local laws,
<br /> regulations and policies adopted by the City Council applicable to the location,
<br /> construction, installation, operation or maintenance of the System in the City. The
<br /> City has the right to supervise all construction or installation work performed in the
<br /> Rights-of-Way as it shall find necessary to ensure compliance with the terms of this
<br /> Franchise and other applicable provisions of law and regulations.
<br /> 3.1.2 Failure to obtain permits or to comply with permit requirements shall be
<br /> grounds for revocation of this Franchise, or any lesser sanctions provided
<br /> herein or in any other applicable law, code or regulation.
<br /> 3.2 Restoration of Rights-of-Way and Property.
<br /> Any Rights-of-Way, or any sewer, gas or water main or pipe, drainage facility, electric,
<br /> fire alarm, police communication or traffic control facility of the City, or any other
<br /> public or private property, which is disturbed, damaged or destroyed by Grantee during
<br /> the construction, repair, replacement, relocation, operation, maintenance, expansion,
<br /> extension or reconstruction of the System shall be promptly and fully restored,
<br /> replaced, reconstructed or repaired by the Grantee, at its expense, to the same
<br /> condition as that prevailing prior to the Grantee's work, to the extent consistent with
<br /> applicable statutes and rules. It is agreed that in the normal course, with respect to
<br /> fire and police department facilities and equipment, and water and sewer facilities,
<br /> and other essential utilities and services, as determined by the City, such restoration,
<br /> reconstruction, replacement or repairs shall be commenced immediately after the
<br /> damage, disturbance or destruction is incurred, and the Grantee shall take diligent
<br /> steps to complete the same, unless an extension of time is obtained from the
<br /> appropriate City agency or department. In all other cases, reconstruction,
<br /> replacement, restoration or repairs shall be commenced within no more than three (3)
<br /> days after the damage, disturbance or destruction is incurred, and shall be completed
<br /> as soon as reasonably possible thereafter. If the Grantee shall fail to perform the
<br /> repairs, replacement, reconstruction or restoration required herein, the City shall
<br /> have the right to put the Rights-of-Way, public, or private property back into good
<br /> condition. In the event City determines that the Grantee is responsible for such
<br /> disturbance or damage, the Grantee shall be obligated to fully reimburse the City
<br /> for required repairs, reconstruction and restoration.
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<br /> 489232y1 RJV QU210-6
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