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2022 Resolutions
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2022 Resolutions
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12/15/2022 3:40:17 PM
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Q <br />(i) Chesapeake shall promptly remove or correct any obstruction, damage, or defect in any <br />public street or public right -of -way caused by Chesapeake in the installation, operation, <br />maintenance or extension of Chesapeake's fiber optic cabling facilities. Any such <br />obstruction, damage, or defect which is not promptly removed, repaired or corrected by <br />Chesapeake after proper notice to do so, given by Portsmouth to Chesapeake, may be <br />removed or corrected by Portsmouth, and the cost thereof shall be charged against <br />Chesapeake and payable on demand. Any expense, cost, or damages incurred for repair, <br />relocation, or replacement to Portsmouth water, sanitary sewer, storm sewer, storm <br />drainage, telecommunication facilities or other property resulting from construction or <br />maintenance of Chesapeake fiber optic cabling facilities shall be borne by Chesapeake <br />and any and all expense and cost incurred in connection therewith by Portsmouth shall <br />be fully reimbursed by Chesapeake to Portsmouth. <br />(ii) If weather or other conditions do not permit the complete restoration required by this <br />Section, Chesapeake shall temporarily restore the affected property. Such temporary <br />restoration shall be at Chesapeake's sole expense and Chesapeake shall promptly <br />undertake and complete the required permanent restoration when the weather or other <br />conditions no longer prevent such permanent restoration. <br />(iii) Chesapeake or other agent or person acting on its behalf shall use suitable barricades, <br />flags, flaggers, lights, flares and other measures as required for the safety of all members <br />of the general public and to prevent injury or damage to any person, vehicle or property <br />by reason of such work in or affecting such ways or property and shall comply with all <br />federal, state, and local laws and regulations, including, but not limited to, the flagging <br />requirements of the Virginia Department of Transportation. <br />R. Except in the case of Portsmouth's gross negligence or intentional or willful misconduct, <br />Portsmouth, its officers, agents, or employees, shall not be liable for any damage to or loss <br />of any of Chesapeake's fiber optic cabling facilities within the public ways or any other <br />areas of Portsmouth as a result of or in connection with any public works, public <br />improvements, construction, excavation, grading, filling, or work or activity or lack of any <br />activity of any kind by or on behalf of Portsmouth. <br />S. Chesapeake shall cooperate with Portsmouth in coordinating its construction activities as <br />follows: <br />(i) Chesapeake shall provide Portsmouth with a schedule of its proposed construction <br />activities prior to commencing any construction; <br />(ii) Upon request, Chesapeake shall meet with Portsmouth and other users of the public <br />ways to coordinate construction in the public ways; and <br />
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