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requested, notify Lumos of the City's intent to determine if such fiber optic or other cable and related facilities are unused. Lumos shall then have thirty (30) days to respond to the City by demonstrating that such facilities are used. If Lumos is unable to demonstrate that the facilities are used, the facilities shall be deemed Unused Facilities and shall be subject to the provisions of Section 3(b) below. Section 3. Term of Agreement. a) The term of this Agreement shall be for an initial term of seven (7) years, commencing on the date of approval of this Agreement by the City Council. Thereafter, the Agreement shall automatically renew for up to two consecutive renewal terms of seven (7) years each, provided that Lumos is not in material, uncured breach of this Agreement on the last day of the then current term. In addition to the foregoing, Lumos shall have the right to terminate this Agreement at any time upon giving the City at least ninety (90) days' prior written notice of termination. Upon termination of this Agreement as herein provided, and unless the parties are in active good faith negotiation of a replacement agreement or otherwise and agree in writing to an extension, Lumos shall be prohibited from further access to the public rights -of -way in the City of Portsmouth except as necessary to perform its obligations in Section 3(b). (b) Upon the termination or expiration of this Agreement, including any renewal period, or if any portion of Lumos' facilities are deemed Unused Facilities, Lumos shall remove its telecommunications facilities, or, if applicable, the Unused Facilities, from the City's public streets and public rights -of -way at its own expense; provided, however, that if directed or authorized by the City in writing, Lumos may abandon some or all of the facilities in place, and such facilities shall become the property of the City upon their abandonment. If in the event Lumos fails to remove its facilities within ninety (90) days after termination or after such facilities are deemed to be Unused Facilities, except facilities abandoned in place at the direction of, or with the consent of the City, the City may cause such facilities to be removed, without further notice, and charge the cost for rernoval to Lumos, which shall pay such costs within thirty (30) days of the demand to do so. The City may collect such costs, expenses and attorney's fees as debts owed to the City by bringing action in any court of competent jurisdiction to enforce this section 3(b). The City shall also have a lien on the property of Lumos in an amount equal to all such costs, expenses, and legal fees associated with collection efforts. (c) In the event that the City determines that Lumos is in breach of its material obligations or duties under this Agreement, the City may give written notice to Lumos setting forth in reasonable detail the nature of such breach. If Lumos fails to cure such breach within forty -five (45) days from the date of Lumos' receipt of such 01