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<br />_ <br /> <br />.- <br /> <br /> <br /> <br />adapt or conform its FACILITIES to enable any other entity or <br /> <br />person, except the CITY, to use, or to use with greater convenience, <br /> <br />RIGHTS-OF-WAY or public property, TELEPHONE COMPAUY shall not be <br /> <br />required to make a~y such changes until such other entity or person <br /> <br />shall reimburse or make arrangements satisfactory to TELEPHONE <br /> <br />COMPANY to reimburse the TELEPHONE COMPANY for any loss and expense <br /> <br />caused by or arising out of such change; provided, however, that the <br /> <br />CITY shall never be liable for such reimbursement. <br /> <br />(d) For public improvement projects where, after notification that <br />facility relocation is required, the TELEPHONE COMPANY has not, <br /> <br />. <br /> <br />prior to the beginning of construction by the CITY, relocated its <br /> <br />affected FACILITIES within the RIGHTS-OF-WAY after being afforded a <br /> <br />reasonable length of time to do so as determined by the City <br /> <br />Engineer, giving consideration to the scope of the facility <br />relocation, and when such delays are not caused by actions of the <br /> <br />CITY, the following procedure will be followed. <br /> <br />The CITY shall <br /> <br />provide the TELEPHONE COMPANY with reasonable notice of failure to <br />act and request relocation. If the TELEPHONE COMPANY continues to <br />delay, the City Engineer and the TELEPHONE COMPANY'S Division <br />Manager over outside plant engineering and construction will jointly <br />review the relocation request in an expeditious manner to establish <br /> <br />a mutually acceptable completion date for the relocation. If the <br /> <br />-16- <br />