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2022 Resolutions
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2022 Resolutions
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streets and without affecting, altering or disturbing in any way any utility facilities or <br />electric or other cables, wires, Structures or attachments; <br />B. Portsmouth shall have the right to inspect and approve the condition of such Streets after <br />removal and, to the extent that Portsmouth determines that said Streets and other property <br />have not been left in materially as good condition as that prevailing prior to Chesapeake's <br />removal of the facilities, Chesapeake shall be liable to Portsmouth for the cost of restoring <br />the Streets and other property to said condition; <br />C. The liability insurance and indemnity provisions of this Agreement shall remain in full <br />force and effect during the entire period of removal and associated repair of all Streets, and <br />for not less than one year thereafter; and <br />D. Removal shall commence within ninety (90) days of the Portsmouth's issuance of a notice <br />to remove and shall be substantially completed within twelve (12) months thereafter <br />including all associated repair of the Streets. <br />Section 4.07 Failure to Commence Removal. If, in the reasonable judgment of Portsmouth, <br />Chesapeake fails to commence removal of the facilities in the public streets within ninety (90) <br />days after Portsmouth's notice to remove, or if Chesapeake fails to substantially complete such <br />removal, including all associated repair of the public streets and public property, within twelve <br />(12) months thereafter, then, Portsmouth or its designee, shall have the right to remove the facilities <br />installed by Chesapeake in the public streets at Chesapeake's cost and expense. <br />Section 4.08 Abandonment. Upon the termination or expiration of this Agreement, including <br />any renewal period, or if any portion of Chesapeake' facilities is abandoned, Chesapeake shall <br />remove its facilities at its own expense; provided, however, that if directed by Portsmouth City <br />Manager in writing, Chesapeake may abandon some or all of the facilities in place, and such <br />facilities shall become the property of Portsmouth upon their abandonment. If in the event <br />Chesapeake fails to remove its facilities within one hundred twenty (120) days after abandonment <br />or termination, except facilities abandoned in place at the direction of, or with the consent of <br />Portsmouth, Portsmouth may cause such facilities to be removed, without further notice, and <br />charge the cost for removal to Chesapeake, which shall pay such costs within thirty (30) days of <br />the demand to do so. Portsmouth may collect such costs, expenses and attorney's fees as debts <br />owed to Portsmouth by bringing action in any court of competent jurisdiction to enforce this <br />section. Portsmouth shall also have a lien on the property and or facilities of Chesapeake in an <br />amount equal to all such costs, expenses, and legal fees associated with collection efforts. <br />Section 4.09 Compliance With Applicable Law. Chesapeake shall at all times during the term <br />of this Agreement, including any renewal period, comply with all applicable federal, state, and <br />local laws, Agreements, and regulations. Expressly reserved to Portsmouth is the right to adopt, <br />in addition to the provisions of this Agreement and existing laws, such additional Ordinances and <br />regulations as are necessary for the lawful exercise of its police power for the benefit and safety <br />of the public. Chesapeake shall notify Portsmouth in writing within sixty (60) days of any <br />violation, suspension, or revocation of any Federal, State or local laws, Ordinances or regulation. <br />
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