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the City may determine to be necessary, appropriate or useful in response to any life - threatening emergency. The City will endeavor to notify Lumos as soon as practicable of such emergencies which may impact its telecommunications facilities. Nothing herein shall create any duties or obligations on the City to so notify Lumos nor shall the City, its officers, agents, employees, or volunteers in any way be liable for any failure to notify Lumos. 5.7. The facilities of Lumos shall be located so as not to interfere with the public safety or, to the extent possible, with the convenience of persons using the public streets or rights -of -way. Lumos shall construct, maintain and locate its telecommunications system so as not to interfere with the construction, location and maintenance of sewer, water, drainage, electrical, signal and fiber optic facilities of the City. 5.8. The City shall have the right to specifically designate the location of the facilities of Lumos with reference to sewer and water mains, drainage facilities, fiber optic cable, signal poles and lines and similar services, other facilities, such as public telephone utilities, public electric utilities, cable television facilities, and railway, communication and power lines, in Such a manner as to protect the public safety and public and private property. Failure by the City to designate the location of Lumos' facilities shall not relieve Lumos of its responsibilities in matters of public safety, as provided in this Agreement. 5.9. Except in the cases of emergencies, Lumos shall not move, alter, change or extend any of its telecommunications facilities in any public street or public right -of- way unless prior written notice of its intention to do so is given to the City Manager and permission in writing to do so is granted, or such requirement is waived, by the City Manager. The City Manager shall use his or her best efforts to either approve or deny Lumos' request to relocate its facilities within fifteen (15) days of receipt of Lumos' request. Such permission shall be conditioned upon compliance with the terms and conditions of this Agreement, and with such other terms and conditions as will preserve, protect and promote the safety of the public using the public ways, and as will prevent undue interference with or obstruction of the use of the public ways by the public, the City or by any other public utility, public service corporation or cable operator for their respective purposes and functions. Such work by Lumos shall also be coordinated with the City's annual paving program through the Office of the City Engineer. 5.10. Lumos shall not open, disturb or obstruct, at any time, any more of the public streets or public rights -of -way than is reasonably necessary to enable it to proceed in laying or repairing its telecommunications facilities. Lumos shall not M