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(i) Promptly after installation, repair, removal, relocation, construction, maintenance or
<br />extension of the fiber optic cabling facilities including fiber optic or other cable and
<br />related facilities or any portion thereof and/or any pavement cut by Chesapeake in any
<br />public streets or public rights -of -way or public way of Portsmouth, the incidental
<br />trenches or excavations, if any, shall be refilled by Chesapeake in a manner acceptable
<br />to the Portsmouth City Manager. Chesapeake shall be responsible for damage to
<br />Portsmouth street pavements, existing utilities, curbs, gutters and sidewalks due to
<br />Chesapeake's installation, repair, removal, relocation, construction, maintenance or
<br />extension of its fiber optic cabling facilities in the public streets, public rights -of -way
<br />pavement, existing utilities, and sidewalks, curbs, gutters or any other portions of public
<br />ways damaged, disturbed or destroyed by such work shall be promptly restored and
<br />replaced to as good or better condition as that prevailing prior to such installation, repair
<br />or extension by Chesapeake at its own expense; however, where it is necessary, and if
<br />authorized by Portsmouth, in order to achieve the former conditions, Chesapeake shall
<br />use materials whose type, specification and quantities exceed or are different from those
<br />used in the installation, then Chesapeake at its own expense shall provide such different
<br />materials. Where a cut or disturbance is made in a section of sidewalk or paving, rather
<br />than replacing only the area actually cut, Chesapeake shall replace the full width of the
<br />existing sidewalk or appropriate sections of paving as determined by the Director of
<br />Development and Permits or designee and the full length of the section or sections cut,
<br />a section being defined as that area marked by expansion joints or scoring or as
<br />determined by the Director of Development and Permits or designee. Chesapeake shall
<br />maintain, repair and keep in good condition for a period of one (1) year following such
<br />disturbance all portions of public ways disturbed by Chesapeake, provided such
<br />maintenance and repair shall be necessary because of defective workmanship or
<br />materials supplied by Chesapeake. Upon failure of Chesapeake to repair, replace and
<br />restore said damaged property, in a manner as may be reasonably specified by
<br />Portsmouth and to the reasonable satisfaction of Portsmouth, after thirty (30) days'
<br />notice in writing shall have been given by Portsmouth, Portsmouth may cause such
<br />necessary repairs to be made and may collect the costs incurred from Chesapeake,
<br />including but not limited to, exercising Portsmouth's rights to draw on bonds or letters
<br />of credit. Portsmouth may collect such costs, and any expenses and attorney fees
<br />incurred in collecting such costs, as debts owed to Portsmouth, by bringing action in
<br />any court of competent jurisdiction or in any manner allowed by law.
<br />(ii) All trees, landscaping and grounds removed, damaged or disturbed as a result of the
<br />construction, installation maintenance, repair or replacement of fiber optic cabling
<br />facilities shall be replaced or restored, as nearly as may be practicable, to the condition
<br />existing prior to performance of work. All restoration work within the public ways or
<br />other areas shall be done in accordance with landscape plans approved by Portsmouth,
<br />such approval not to be unreasonably withheld, conditioned or delayed.
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