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<br />e <br /> <br />"e <br /> <br />TELEPHONE COMPANY continues to delay or does not meet the revised <br />completion date, the City Engineer shall provide not less than <br />five (5) days written notice to the TELEPHONE COMPANY'S Division <br />Manager over outside plant engineering and construction advising the <br />TELEPHONE COMPANY of the CITY'S intent to effect the relocation of <br />the affected FACILITIES. If after expiration of the written notice <br />required by the preceding sentence, the TELEPHONE COMPANY continues <br />to delay, the CITY shall have the right to effect relocation of the <br />affected FACILITIES and the TELEPHONE COMPANY shall reimburse the <br />CITY for all costs of such relocation. The CITY shall not be liable <br />to the TELEPHONE COMPANY for any damage to such FACILITIES unless <br />proximately caused by the CITY'S gross negligence, and shall not be <br />liable in any event for any consequential damages relating to <br />service interruptions. Such relocation by the CITY will be <br />performed only when the City Engineer determines that it is <br />necessary to prevent disruption of a CITY project. Such relocation <br />will be accomplished by means of temporary construction and in a <br />manner which will not unreasonably disrupt telecommunications <br />services. The CITY shall make every effort to coordinate with the <br />TELEPHONE COMPANY prior to such necessary relocations and will not <br />attempt to relocate such FACILITIES until the CITY has exhausted the <br />foregoing procedures. The TELEPHONE COMPANY shall ultimately be <br />responsible for the final permanent relocation of the TELEPHONE <br /> <br />-l7- <br />