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Docusign Envelope ID: 63OD402A-480E-441F-B23E-642A498E5ED5 5.2 ENCROACHER shall, upon ninety (90) days written notice from CITY, relocate its Network Facilities to accommodate projects or needs of CITY, or other government agencies and third parties who are authorized to use the Public Rights -of -Way. ENCROACHER may condition rearrangement of its Network Facilities on an agreement by the third party to pay the reasonable cost of relocation, which agreement shall be subject to the exceptions listed above, except where relocation is necessary to accommodate projects or needs of CITY or otherwise protect and preserve the public health safety or welfare. 5.3 In the event all or any portion of the Public Right -of -Way occupied by Network Facilities shall be needed by CITY for governmental purposes (for example, if and when made necessary by any lawful change of grade, alignment or width of any street, including the construction, maintenance or operation of any underground subway or viaduct by CITY and/or the construction, maintenance or operation of any other CITY underground or aboveground facilities), or in the event of the existence of said Network Facilities shall be considered detrimental to governmental activities, including but not limited to, interference with CITY construction projects, or is in conflict vertically and/or horizontally with any proposed CITY installation, ENCROACHER shall, by CITY's written direction, remove said Network Facilities, without cost or expense to CITY. Said removal or relocation shall be completed within ninety (90) days written notice from the City Engineer, except for force majeure events or events beyond the control of ENCROACHER. 5.4 ENCROACHER shall, by a commercially reasonable time specified by CITY (subject to force majeure events or events beyond the control of ENCROACHER), protect, support, temporarily disconnect, relocate or remove any of its property when required by CITY or any other governmental entity by reason of traffic conditions; public safety; Public Rights -of -Way construction; Public Rights- of - Way maintenance or repair (including, but not limited to, resurfacing or widening); change of Public Rights -of -Way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks or any other type of government-owned communication system, public work or improvement or any government-owned utility; Public Rights -of -Way vacation; or for any other purpose where the work involved would be aided by the removal or relocation of the Network Facility. CITY shall endeavor to use commercially reasonable efforts to provide ENCROACHER with notice of the need and schedule for ENCROACHER's work as far in advance as is practical. 5.5 In those areas and portions of the CITY where the transmission or distribution facilities of the respective public utilities providing telephone service and those of the utility providing electric be placed underground, then ENCROACHER shall likewise service are underground or hereafter may construct, operate and maintain all of its Network Facilities underground, except for Facilities which by their nature cannot be placed below ground (e.g., electric meter pedestals, pole risers) to function or comply with applicable Laws. For the purposes of this subsection, "underground" shall include a partial underground system. The CITY shall not in any manner be responsible for any costs incurred by ENCROACHER in placing ENCROACHER's Network Facilities underground. ENCROACHER may install replacement poles, subject to the approval of the pole owner and CITY, or new poles, if existing poles are not available and another telephone corporation providing the same Telecommunications Services by substantially similar means would be permitted to install such replacement poles or new poles at the same location. is reement re no 5.6 If any portions of the o are bandonedetwork ties covered for period off atrleast twgelve (12)amonths ager used or useful by ENCROACHER, -8- [SEC=PROTECTED]