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right -of -way permit is required for all work in the right -of -way, including but not limited to installation, repair, and emergencies. By obtaining a right -of -way permit, LUnlos agrees to restore the right -of -way in accordance with City standards. The City shall ensure that all permit applications and other requests submitted by Lumos pursuant to this Agreement are reviewed and acted upon in a reasonable, non - discriminatory manner consistent with applicable laws and regulations. 5.4. In the performance and exercise of its rights and obligations under this Agreement, Lumos shall not interfere in any manner with the existence and operation of any public street and public or private right -of -way, sanitary sewer, water line, storm drain gas main, pole, overhead or underground electric and telephone wires, television cables, public works, facilities of other telecommunication providers, or City property, without the prior approval of the City, including in any permit or other authorization issued by the City. 5.5. Except as may be expressly provided herein, nothing in this Agreement shall be construed to abrogate or limit the right of the City of Portsmouth to perform any public works or public improvements. If any facilities of Lumos interfere with the construction, operation, maintenance, repair or removal of such public works or public improvements, including any new improvement projects, within ninety (90) days after written notice by the City of Portsmouth (or such other period of time set forth in Section 5.6 or as may be agreed upon in writing by the City of Portsmouth and Lumos), Lumos shall, at its own expense protect, alter, remove or relocate facilities, as directed by the City Manager or City Engineer. If Lumos faits to so protect, alter, remove or relocate equipment within such ninety (90) period or such other mutually agreed period of time necessary to protect the integrity of Lumos' Fiber Optic cable and related Telecommunications Facilities , the City may break through, remove, alter or relocate the facilities of Lumos without any liability to City, and Lumos shall pay to the City the costs incurred in connection with such breaking through, removal, alteration or relocation. Lumos shall also reimburse the City for or bear any additional cost actually incurred by the City as a result of Lumos' failure to comply with the City's request to protect, alter or remove equipment under this Agreement. The City may collect such costs, and any reasonable expenses and attorney fees incurred in collecting such costs, as debts owed to the City, by bringing action in any court of competent jurisdiction or exercising the City's rights to draw on bonds or letters of credit, or in any other lawful manner, individually or in combination. 5.6. The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways or other areas of the City as