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permit any public street or public right -of -way so opened, disturbed or obstructed by <br />it to remain open, disturbed or obstructed for a longer period of time than shall be <br />reasonably necessary. In all cases where any public street or public right -of -way is <br />excavated, disturbed or obstructed by Lumos, Lumos shall take all precautions <br />necessary or proper for the protection of the public and shall maintain adequate <br />warning signs, barricades, signals and other devices necessary or proper to <br />adequately give notice, protection and warning to the public of the existence of all <br />actual conditions present. <br />5.11. After the installation, removal, relocation or construction or <br />maintenance of the fiber optic or other cable and related facilities is completed, <br />Lumos shall, at its own cost, repair and return the public streets or public rights -of- <br />way to a minimum of the same or similar condition existing before such installation, <br />removal, relocation construction or maintenance, in a manner as may be reasonably <br />specified by the City and to the reasonable satisfaction of the City. Lumos shall be <br />responsible for damage to City street pavements, existing utilities, curbs, gutters and <br />sidewalks due to Lumos' installation, construction, maintenance, repair or removal of <br />its telecommunications facilities in the public streets, public rights -of -way, and shall <br />repair, replace and restore in kind, the said damaged property at its sole expense. <br />Upon failure of Lumos to repair, replace and restore said damaged property, in a <br />manner as may be reasonably specified by the City and to the reasonable satisfaction <br />of the City, after thirty (30) days notice in writing shall have been given by the City, <br />the City may cause such necessary repairs to be made and may collect the costs <br />incurred from Lumos, including but not limited to, exercising the City's rights to <br />draw on bonds or letters of credit. The City may collect such costs, and any expenses <br />and attorney fees incurred in collecting such costs, as debts owed to the City, by <br />bringing action in any court of competent jurisdiction or in any manner allowed by <br />law. <br />5.12. Except for actions taken in accordance with this Agreement or otherwise <br />authorized by the City, neither Lumos, nor any person acting on Lumos' behalf, shall <br />take any action or permit any action to be done which may impair or damage any <br />City property, including, but not limited to, any public street, public right -of -way or <br />other property located in, on or adjacent thereto. <br />5.13. In the event of an unexpected repair or emergency, Lumos may <br />commence such repair and emergency response work as required under the <br />circumstances, provided Lumos shall notify the City as promptly as possible, before <br />such repair or emergency work is started or as soon thereafter as possible if advance <br />notice is not practicable. <br />-10- <br />