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Section 3.10 Construction and Installation, Location and Relocation of Facilities. All
<br />facilities of Portsmouth shall be constructed, installed and located in accordance with the following
<br />terms and conditions, unless otherwise specified by Chesapeake.
<br />A. Portsmouth shall comply with (i) Chesapeake City Code and (ii) the Chesapeake Zoning
<br />Ordinance, as amended, including but not limited to include Section 13 -600 et seq.
<br />B. Portsmouth, including its contractors and consultants, prior to any construction or work
<br />being commenced, is required to obtain at its sole expense, all applicable permits, including
<br />any application and permit for, street opening, if any public streets will be disturbed, and
<br />street, lane or sidewalk closures. Portsmouth shall obtain all required permits for the
<br />construction or installation of its facilities as required in this Agreement.
<br />C. In the performance and exercise of its rights and obligations under this Agreement,
<br />Portsmouth shall not interfere in any manner with the existence and operation of any public
<br />street and public or private right -of -way, sanitary sewer, water line, storm drain gas main,
<br />pole, overhead or underground electric and telephone wires, television cables, public
<br />works, facilities of telecommunication providers, or Chesapeake property, without the
<br />prior written approval of Chesapeake.
<br />D. Except as may be expressly provided herein, nothing in this Agreement shall be construed
<br />to abrogate or limit the right or ability of Chesapeake to perform any public works or public
<br />improvements in the area subject to this Agreement. If any facilities of Portsmouth interfere
<br />with the construction, operation, maintenance, repair or removal of such public works or
<br />public improvements, as determined by Chesapeake, then within one hundred eighty (180)
<br />days after written notice by Chesapeake, Portsmouth shall, at its own expense protect, alter,
<br />remove or relocate facilities, as directed by Chesapeake City Manager or Director of
<br />Development and Permits or designee. If Portsmouth fails to so protect, alter, remove or
<br />relocate equipment within such period, Chesapeake may break through, remove, alter or
<br />relocate the facilities of Portsmouth without any liability to Chesapeake, and Portsmouth
<br />shall pay to Chesapeake the costs incurred in connection with such breaking through,
<br />removal, alteration or relocation. Portsmouth shall also reimburse Chesapeake for or bear
<br />any additional cost actually incurred by Chesapeake as a result of Portsmouth's failure to
<br />comply with Chesapeake's request to protect, alter or remove facilities under this
<br />Agreement. Chesapeake may collect such costs, and any reasonable expenses and attorney
<br />fees incurred in collecting such costs, as debts owed to Chesapeake, by bringing action in
<br />any court of competent jurisdiction.
<br />E. Chesapeake retains the right and privilege to cut or move any fiber optic cabling facilities
<br />located within the public ways or other areas of Chesapeake as Chesapeake may determine
<br />to be necessary, appropriate or useful in response to any life - threatening emergency.
<br />Chesapeake will endeavor to notify Portsmouth of such emergencies which may impact its
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