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C. any failure of Chesapeake to comply with any material term, condition or provision of this Agreement or failure to comply with applicable laws of the Portsmouth City Code or Portsmouth Zoning Ordinance. Section 4.04 Voluntary Termination by Chesapeake. Upon sixty (60) days written notice, Chesapeake may choose to terminate the Agreement upon expiration of the Term, unless the same be sooner voluntarily surrendered by said Chesapeake or unless the same be sooner forfeited as provided by federal or state law, including this Agreement. Section 4.05 Rights Upon Termination. In the event of any termination of this Agreement, whether pursuant to this Article or by the expiration of the Term, Chesapeake shall remove its facilities, or request in writing that Portsmouth allow its facilities to remain in place. If Chesapeake makes a written request to allow its facilities to remain in place, Chesapeake must also submit for Portsmouth's approval a complete description of the facilities and the date upon which Chesapeake intends to discontinue its use of the facilities. Notwithstanding any approval by Portsmouth that a requested facility may remain in place, Portsmouth may require, at a later date and at any time, that Chesapeake remove the facility from the Street, or that it must modify that facility to protect the public health, welfare, safety and convenience, or otherwise serve the public interest. Portsmouth may also require Chesapeake to perform a combination of modification and removal of the facility. Chesapeake shall complete such removal or modification in accordance with a schedule set by Portsmouth. Until such time as Chesapeake removes or modifies the facility as directed and approved by Portsmouth, Chesapeake shall be responsible for all necessary repairs and relocations of the facility, maintenance of the public street in the same manner and degree as if the facility were in active use, maintenance of insurance requirements as provided in this Agreement and Chesapeake shall retain all liability for such facility. If Chesapeake abandons its facilities, Portsmouth may choose to use such facilities as authorized by state or federal law. Upon the termination of the Agreement, the facilities as well as the property, if any, of Chesapeake in the Public streets, Public rights -of -ways or public ways and other public places shall thereupon, without compensation to Chesapeake, or upon the payment of a fair valuation become the property of Portsmouth; but Chesapeake shall be entitled to no payment by reason of the value of the Agreement. Any such facilities or property acquired by Portsmouth may be sold or leased or, if authorized by general law, maintained, controlled, and operated by Portsmouth. Section 4.06 Removal Upon Termination. Upon Chesapeake's decision to remove any facility at the termination of this Agreement or Portsmouth's decision not to allow any facility to remain in place at the termination of this Agreement, Chesapeake shall remove, at Chesapeake's sole cost and expense, all, or any portion designated by Portsmouth, of the facilities in the public streets in accordance with all applicable requirements of Portsmouth and subject to the following: A. In removing the facilities in the public streets, or part thereof, Chesapeake shall refill and compact, at its own cost and expense, any excavation that shall be made by it and shall leave, in all material aspects, all public streets and other property in as good or better condition as that prevailing prior to Chesapeake's removal of the facilities from the public