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notice, or within such other reasonable time as may be agreed to in writing by the parties, then City, at its option, may terminate this Agreement upon giving Lumos written notice of termination. Section 4. Compliance With Applicable Law. Lumos shall at all times during the term of this Agreement, including any renewal period, comply with all applicable federal, state, and local laws, ordinances, and regulations in the exercise of its rights and performance of its obligations under this Agreement. Expressly reserved to the City is the right to adopt, in addition to the provisions of this Agreement and existing laws, such additional ordinances and regulations as are necessary for the lawful exercise of its police power for the benefit and safety of the public and apply equally to all certificated providers of telecommunications services. Section 5. Construction; Location or Relocation of Facilities. All telecommunications facilities of Lumos to be constructed, installed and located on or in the City's public streets and public rights of way shall be in accordance with the following terms and conditions, unless otherwise specified by the City. 5.1. Whenever all existing electric utilities, cable facilities or telecommunications facilities are located underground within a particular segment of a street or public right -of -way of the City, Lumos shall also install its telecommunications facilities underground. Notwithstanding the foregoing, in the case where the City determines that there is not adequate space underground, or the City desires to reserve underground space for its future use, City may require Lumos to install its facilities along an alternate route as determined by the City and Lumos, or may permit Lumos to install aerial facilities. 5.2. Whenever existing overhead electric utilities, cable facilities or telecommunications facilities are relocated underground within a particular segment of a street or public right -of -way of the City, Lumos shall relocate its facilities underground within a reasonable period of time after notification by the City that such facilities must be relocated. Absent extraordinary circumstances or undue hardship as reasonably determined by the City, such relocation shall be made concurrently to minimize the disruption of the public streets or public rights -of -way. 5.3. Lumos shall obtain all required permits for the construction or installation of its facilities as required in this Agreement, provided, however, that nothing in this Agreement shall prohibit the City and Lumos from agreeing to an alternative plan to review permit and construction procedures, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. A -7-