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Section 4.10 Construction and Installation, Location and Relocation of Facilities. All
<br />facilities of Chesapeake shall be constructed, installed and located in accordance with the
<br />following terms and conditions, unless otherwise specified by Portsmouth.
<br />A. Chesapeake shall comply with (i) Portsmouth City Code and (ii) the Portsmouth Zoning
<br />Ordinance, as amended.
<br />B. Chesapeake, 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. Chesapeake 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 />Chesapeake 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 Portsmouth property, without the prior
<br />written approval of Portsmouth.
<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 Portsmouth to perform any public works or public
<br />improvements in the area subject to this Agreement. If any facilities of Chesapeake
<br />interfere with the construction, operation, maintenance, repair or removal of such public
<br />works or public improvements, as determined by Portsmouth, then within one hundred
<br />eighty (180) days after written notice by Portsmouth, Chesapeake shall, at its own expense
<br />protect, alter, remove or relocate facilities, as directed by Portsmouth City Manager or
<br />Director of Development and Permits or designee. If Chesapeake fails to so protect, alter,
<br />remove or relocate equipment within such period, Portsmouth may break through, remove,
<br />alter or relocate the facilities of Chesapeake without any liability to Portsmouth, and
<br />Chesapeake shall pay to Portsmouth the costs incurred in connection with such breaking
<br />through, removal, alteration or relocation. Chesapeake shall also reimburse Portsmouth
<br />for or bear any additional cost actually incurred by Portsmouth as a result of Chesapeake's
<br />failure to comply with Portsmouth's request to protect, alter or remove facilities under this
<br />Agreement. Portsmouth may collect such costs, and any reasonable expenses and attorney
<br />fees incurred in collecting such costs, as debts owed to Portsmouth, by bringing action in
<br />any court of competent jurisdiction.
<br />E. Portsmouth retains the right and privilege to cut or move any fiber optic cabling facilities
<br />located within the public ways or other areas of Portsmouth as Portsmouth may determine
<br />to be necessary, appropriate or useful in response to any life - threatening emergency.
<br />Portsmouth will endeavor to notify Chesapeake of such emergencies which may impact its
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