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improvement projects, within ninety (90) days after written notice by the City of Portsmouth (or
<br />such other period of time set forth in Section 5.6 or as may be agreed upon in writing by the City
<br />of Portsmouth and Authority), the Authority shall, at its own expense, protect, alter, remove or
<br />relocate facilities, as directed by the City Manager or City Engineer. If the Authority fails to
<br />protect, alter, remove or relocate equipment within such period, the City may break through,
<br />remove, alter or relocate the facilities of Authority without any liability to City, and the Authority
<br />shall pay to the City the actual costs incurred in connection with such breaking through, removal,
<br />alteration or relocation. The Authority shall also reimburse the City for or bear any additional cost
<br />actually incurred by the City as a result of the Authority's failure to comply with the City's request
<br />to protect, alter or remove equipment under this Agreement. The City may collect such costs, and
<br />any reasonable expenses and attorney fees incurred in collecting such costs, as debts owed to the
<br />City, by bringing legal action or exercising the City's rights to draw on bonds or letters of credit,
<br />or in any other lawful manner, individually or in combination.
<br />5.6. The City retains the right and privilege to cut or move any communications facilities
<br />located within the public ways or other areas of the City as the City may determine to be necessary,
<br />appropriate or useful in response to any life - threatening emergency. The City will endeavor to
<br />notify the Authority as soon as practicable of such emergencies which may impact its
<br />communications facilities. Nothing herein shall create any duties or obligations on the City so to
<br />notify the Authority nor shall the City, its officers, agents, employees or volunteers in any way be
<br />liable for any failure to notify the Authority.
<br />5.7. The facilities of the Authority shall be located so as not to interfere with the public
<br />safety or, to the extent possible, with the convenience of persons using the public streets or
<br />rights -of -way. The Authority shall construct, maintain and locate its communications facilities
<br />so as not to interfere with the construction, location and maintenance of sewer, water, drainage,
<br />electrical, signal and fiber optic facilities of the City.
<br />5.8. The City shall have the right to specifically designate the location of the
<br />communications facilities of the Authority with reference to sewer and water mains, drainage
<br />facilities, fiber optic cable, signal poles and lines and similar services, other facilities, such as
<br />public telephone utilities, public electric utilities, cable television facilities, and railway,
<br />communication and power lines, in such a manner as to protect the public safety and public
<br />and private property. Failure by the City to designate the location of the Authority's
<br />facilities shall not relieve the Authority of its responsibilities in matters of public safety as
<br />provided in this Agreement.
<br />5.9. Except in emergencies, the Authority shall not move, alter, change or extend any
<br />of its communications facilities in any public street or public right -of -way unless prior written
<br />notice of its intention to do so is given to the City Manager and permission in writing to do
<br />so is granted, or such requirement is waived, by the City Manager. The City Manager shall
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