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destroyed by such work shall be promptly restored and replaced with like <br />materials to their former condition by Lumos at its own expense; however, where <br />it is necessary, and if authorized by the City, in order to achieve the former <br />conditions, Lumos shall use materials whose type, specification and quantities exceed <br />or are different from those used in the installation, then Lumos at its own expense shall <br />provide such different materials. Where a cut or disturbance is made in a section of <br />sidewalk or paving, rather than replacing only the area actually cut, Lumos shall <br />replace the full width of the existing sidewalk or appropriate sections of paving as <br />determined by the City Engineer and the full length of the section or sections cut, a <br />section being defined as that area marked by expansion joints or scoring or as <br />determined by the City Engineer. Lumos shall maintain, repair and keep in good <br />condition for a period of one ( l ) year following such disturbance all portions of public <br />ways disturbed by Lumos, provided such maintenance and repair is required as a result <br />of defective workmanship or materials supplied by Lumos. <br />(b) All trees, landscaping and grounds removed, damaged or disturbed as a <br />result of the construction, installation maintenance, repair or replacement of <br />telecommunications facilities shall be replaced or restored, as nearly as may be <br />practicable, to the condition existing prior to performance of work. All restoration <br />work within the public ways or other areas shall be done in accordance with landscape <br />plans approved by the City, provided that such landscape plans do not require Lumos to <br />incur a greater expense than it would have incurred by merely restoring the landscaping <br />and grounds to the condition existing prior to its performance of the work. <br />5.18. (a) Lumos shall promptly remove or correct any obstruction, damage, or <br />defect in any public street or public right -of -way caused by Lumos in the installation, <br />operation, maintenance or extension of Lumos' telecommunications facilities. Any <br />such obstruction, damage, or defect which is not promptly removed, repaired or <br />corrected by Lumos after proper notice to do so, given by the City to Lumos, may be <br />removed or corrected by the City, and the cost thereof shall be charged against <br />Lumos and payable on demand. Any expense, cost, or damages incurred for repair, <br />relocation, or replacement to City water, sanitary sewer, storm sewer, storm <br />drainage, telecommunication facilities or other property resulting from construction <br />or maintenance of Lumos' telecommunications facilities shall be borne by Lumos and <br />any and all expense and cost incurred in connection therewith by the City shall be <br />fully reimbursed by Lumos to the City. <br />(b) If weather or other conditions do not permit the complete restoration <br />required by this Section, Lumos shall temporarily restore the affected property. <br />Such temporary restoration shall be at Lumos' sole expense and Lumos shall <br />-12- <br />