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facilities of the Authority to be constructed, installed and located on or in the City's public streets and public rights of way shall be in accordance with the following terms and conditions, unless otherwise specified by the City. 5.1. Whenever all existing electric utilities, cable facilities or communications facilities are located underground within a particular segment of a street or public right -of -way of the City, t h e Authority shall also install its communications facilities underground. Notwithstanding the foregoing, in the case where the City determines that there is not adequate space underground, or the City desires to reserve underground space for its future use, the City may require Authority to install its facilities along an alternate route as determined by the City and Authority, or may permit the Authority to install aerial facilities. 5.2. Whenever existing overhead electric utilities, cable facilities or communications facilities are relocated underground within a particular segment of a street orpublic right -of -way of the City, the Authority shall relocate its facilities underground within a reasonable period of time after notification by the City that such facilities must be relocated. Absent extraordinary circumstances or undue hardship as reasonably determined by the City, such relocation shall be made concurrently to minimize the disruption of the public streets or public rights -of -way. 5.3. The Authority shall obtain all required permits for the construction or installation of its facilities as required in this Agreement, provided, however, that nothing in this Agreement shall prohibit the City and Authority from agreeing to an alternative plan to review permit and construction procedures, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. A right -of -way permit is required for all work in the right -of -way, including but not limited to installation, repair and emergencies. By obtaining a right -of -way permit, the Authority agrees to restore the right -of -way in accordance with City standards. The City shall ensure that all permit applications and other requests submitted by Authority pursuant to this Agreement are reviewed and acted upon in a reasonable, non- discriminatory manner consistent with applicable laws and regulations. 5.4. In the performance and exercise of its rights and obligations under this Agreement, the Authority shall not interfere in any manner with the existence and operation of any public street and public or private right -of -way, sanitary sewer, water line, storm drain, gas main, pole, overhead or underground electric and telephone wires, television cables, public works, facilities of other telecommunication providers or City property without the prior approval of the City, including in any permit or other authorization issued by the City. 5.5. Except as may be expressly provided herein, nothing in this Agreement shall be construed to abrogate or limit the right of the City of Portsmouth to perform any public works or public improvements. If any facilities of the Authority interfere with the construction, operation, maintenance, repair or removal of such public works or public improvements, including any new 3