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the right to terminate this Agreement at any time upon giving the City at least ninety (90) days' prior written notice of termination. Upon termination of this Agreement as herein provided, and unless the parties are in active good faith negotiation of a replacement agreement or otherwise and agree in writing to an extension, the Authority shall be prohibited from further access to the public rights -of -way in the City of Portsmouth except as necessary to perform its obligations in Section 3(b). (b) Upon the termination or expiration of this Agreement, including any renewal period, or if any portion of the Authority's facilities are deemed Unused Facilities, the Authority shall remove its communications facilities, or, if applicable, the Unused Facilities, from the City's public streets and public rights -of -way at its own expense, unless the Authority obtains permission, by permit, to leave such facilities in place for a definite period of time; provided, however, that if directed or authorized by the City in writing, the Authority may abandon some or all of the facilities in place, and such facilities shall become the property of the City upon their abandonment. In the event the Authority fails to remove its facilities within ninety (90) days after termination or after such facilities are deemed to be Unused Facilities, except facilities abandoned in place at the direction of, or with the consent of the City, the City may cause such facilities to be removed, without further notice, and charge the cost for removal to Authority, which shall pay such costs within thirty (30) days of the demand to do so. The City may collect such costs, expenses and attorney's fees as debts owed to the City by bringing legal action to enforce this section 3(b). (c) In the event that the City determines that the Authority is in breach of its material obligations or duties under this Agreement, the City may give written notice to the Authority setting forth in reasonable detail the nature of such breach. If the Authority fails to cure such breach within forty -five (45) days from the date of Authority's receipt of such notice, or, if the breach is not susceptible of cure within forty-five (45) days and the Authority has not expeditiously begun and diligently pursues to completion, or within such other reasonable time as may be agreed to in writing by the parties, then the City, at its option, may terminate this Agreement upon giving the Authority written notice of termination. Section 4. Compliance With Applicable Law. The Authority shall at all times during the term of this Agreement, including any renewal period, comply with all applicable federal, state, and local laws, ordinances, and regulations in the exercise of its rights and performance of its obligations under this Agreement. Expressly reserved to the City is the right to adopt, in addition to the provisions of this Agreement and existing laws, such additional ordinances and regulations as are necessary for the lawful exercise of its police power for the benefit and safety of the public and apply equally to all certificated providers of telecommunications services. Section 5. Construction; Location or Relocation of Facilities. All communications