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14.1 This Agreement shall terminate ten (10) years from the Effective Date unless <br /> renewed in writing by CITY prior to said termination date, except that this Agreement may be <br /> terminated sooner under the following circumstances and consistent with applicable Laws. <br /> a. This Agreement may be terminated by CITY upon approval of the City <br /> Engineer and at least thirty (30) days written notice to ENCROACHER if <br /> CITY reasonably determines that the provisions herein interfere with <br /> CITY's use or disposal of the Public Rights-of-Way or any part thereof. <br /> Where only a portion of ENCROACHER's Network Facilities interferes <br /> with the use or disposal of said Public Right-of-Way, CITY shall allow <br /> ENCROACHER to relocate the said portion in accordance with this <br /> Agreement. <br /> b. This Agreement may be terminated by CITY for failure, neglect or refusal <br /> by ENCROACHER to fully and promptly comply with any and all of the <br /> conditions of this Agreement, or for nonuse in accordance with Section 5.6 <br /> herein, upon thirty (30) days written notice, unless ENCROACHER <br /> confirms with thirty(30)days of receipt of the notice that the cited condition <br /> has ceased, been corrected or, subject to CITY's agreement, is diligently <br /> being pursued by ENCROACHER, which agreement shall not be <br /> unreasonably withheld. <br /> c. The Agreement may be terminated if the CITY determines in its good faith <br /> judgment and after conducting reasonable due diligence that any material <br /> term hereof is unenforceable. <br /> d. [intentionally omitted from this Agreement] <br /> e. This Agreement may be terminated if the Certificate of Public Convenience <br /> and Necessity terminates, is revoked, or is abandoned. <br /> 14.2 Upon termination of the Agreement, and upon written request by CITY, <br /> ENCROACHER, at its own cost and expense, agrees to remove all its Network Facilities or, at <br /> CITY's discretion and upon the City Engineer's written approval, abandon in place some or all of <br /> its Network Facilities from the Public Right-of-Way and restore the Public Right-of-Way as set <br /> forth in the Removal and Relocation provisions of this Agreement. Should ENCROACHER in <br /> such event fail, neglect or refuse to make such removals or restoration with one hundred eighty <br /> (180) days of CITY's written request, at the sole option of CITY, CITY shall have the right (but <br /> not the obligation)to perform such removal and restoration at the sole expense of ENCROACHER, <br /> which actual expense including, without limitation, administrative and legal costs <br /> ENCROACHER agrees to pay CITY within ten(10)business days of CITY's written demand. If <br /> City allows ENCROACHER to abandon its Network Facilities in place, title to those Network <br /> Facilities shall pass to CITY and ENCROACHER shall, upon demand, promptly execute and <br /> deliver to CITY all documentation necessary to effectuate such transfer of ownership,without any <br /> additional consideration paid by CITY,of the Network Facilities. Upon such transfer of ownership <br /> after abandonment and acceptance by CITY, ENCROACHER shall have no further obligations or <br /> liabilities with respect to the transferred Network Facilities, with the exception of the repair <br /> {00053614;%1} -16- <br />