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2. If the Network Provider removes or relocates a Micro Network Node, Network Node
<br />facilities, Node Support Pole or related ground equipment at its own discretion, it shall notify the
<br />City Manager in writing not less than 10 business days prior to removal or relocation. Network
<br />Provider shall obtain all Permits required for relocation or removal of its Micro Network Node,
<br />Network Node facilities, Node Support Poles and related ground equipment prior to relocation or
<br />removal.
<br />3. The City shall not issue any refunds for any amounts paid by Network Provider for
<br />Micro Network Node, Network Node facilities, Node Support Poles or related ground equipment
<br />that have been removed.
<br />B. REMOVAL OR RELOCATION REQUIRED FOR CITY PROJECT
<br />.
<br />1. Removal and Relocation of Network Provider’s Micro Network Node, Network Node,
<br />Node Support Pole or related ground equipment, or portion thereof required for a City project
<br />shall be in strict accordance with the City’s rights-of-way management ordinance, and other
<br />applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284,
<br />Sec. 284.107, except as provided in existing state and federal law.
<br />1. In accordance with Chapter 284, Sec. 284.107, except as provided in existing state and
<br />federal law, a Network Provider shall relocate or adjust Micro Network Node, Network Node,
<br />Node Support Pole and related ground equipment in a public right-of-way in a timely manner
<br />and without cost to the municipality managing the public right-of-way
<br />2. Network Provider understands and acknowledges that the City may require Network
<br />Provider to remove or relocate its Micro Network Node, Network Node, Node Support Pole and
<br />related ground equipment, or any portion thereof from the Right-of-Way for City construction
<br />projects as allowed by state and feral law, including the common-law.
<br />3. Network Provider shall, at the City Manager’s direction, remove or relocate the same
<br />at Network Provider’s sole cost and expense, except as otherwise provided in existing state and
<br />federal law, whenever the City Manager reasonably determines that the relocation or removal is
<br />needed for any of the following purposes: Required for the construction, completion, repair,
<br />widening, relocation, or maintenance of, or use in connection with, any City construction or
<br />maintenance project of a street ort public rights-of-way to enhance the traveling publics use for
<br />travel and transportation.
<br />4. If Network Provider fails to remove or relocate the Micro Network Node, Network
<br />Node, Node Support Pole or related ground equipment, or portion thereof as requested by the
<br />City Manager within 90 days of Network Provider ’s receipt of the request, then the City shall be
<br />entitled to remove the Micro Network Node, Network Node, Node Support Pole or related
<br />ground equipment, or portion thereof at Network Provider’s sole cost and expense, without
<br />further notice to Network Provider.
<br />5. Network Provider shall, within 30 days following issuance of invoice for the same,
<br />reimburse the City for its reasonable expenses incurred in the removal (including, without
<br />limitation, overhead and storage expenses) of the Micro Network Node, Network Node, Node
<br />Support Pole or related ground equipment, or portion thereof.
<br />C. REMOVAL REQUIRED BY CITY FOR SAFETY AND IMMINENT DANGER
<br />REASONS
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