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2021 Ordinances
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2021 Ordinances
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1/27/2022 10:56:48 AM
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1/13/2021 3:46:29 PM
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review permit and construction procedures, provided such alternative procedures <br />provide substantially equivalent safeguards for responsible construction practices. A <br />right -of -way permit is required for all work in the right -of -way, including but not limited <br />to installation, repair, and emergencies. By obtaining a right -of -way permit, Segra agrees <br />to restore the right -of -way in accordance with City standards. The City shall ensure that <br />all permit applications and other requests submitted by Segra pursuant to this Agreement <br />are reviewed and acted upon in a reasonable, non - discriminatory manner consistent with <br />applicable laws and regulations. <br />5.4. In the performance and exercise of its rights and obligations under this <br />Agreement, Segra shall not interfere in any manner with the existence and operation of <br />any public street and public or private right -of -way, sanitary sewer, water line, storm <br />drain gas main, pole, overhead or underground electric and telephone wires, television <br />cables, public works, facilities of other telecommunication providers, or City property, <br />without the prior approval of the City, including in any permit or other authorization <br />issued by the City. <br />5.5. Except as may be expressly provided herein, nothing in this Agreement shall <br />be construed to abrogate or limit the right of the City of Portsmouth to perform any <br />public works or public improvements. If any facilities of Segra interfere with the <br />construction, operation, maintenance, repair or removal of such public works or public <br />improvements, including any new improvement projects, within ninety (90) days after <br />written notice by the City of Portsmouth (or such other period of time set forth in Section <br />5.6 or as may be agreed upon in writing by the City of Portsmouth and Segra), Segra <br />shall, at its own expense protect, alter, remove or relocate facilities, as directed by the <br />City Manager or City Engineer. If Segra fails to so protect, alter, remove or relocate <br />equipment within such ninety (90) period or such other mutually agreed period of time <br />necessary to protect the integrity of Segra's Fiber Optic cable and related <br />Telecommunications Facilities , the City may break through, remove, alter or relocate the <br />facilities of Segra without any liability to City, and Segra shall pay to the City the costs <br />incurred in connection with such breaking through, removal, alteration or relocation. <br />Segra shall also reimburse the City for or bear any additional cost actually incurred by the <br />City as a result of Segra's failure to comply with the City's request to protect, alter or <br />remove equipment under this Agreement. The City may collect such costs, and any <br />reasonable expenses and attorney fees incurred in collecting such costs, as debts owed to <br />the City, by bringing action in any court of competent jurisdiction or exercising the City's <br />rights to draw on bonds or letters of credit, or in any other lawful manner, individually or <br />in combination. <br />BE <br />
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