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other facilities requested by the City, to include a digitized map(s) in both printed and electronic form readable by the current version of Auto CAD and tied to the Virginia State Plane Coordinate System and tied to the City's Survey Control monuments and geographic information system certifying the location of all such telecommunications facilities within the City. Lumos shall, upon request, provide updated maps annually. (b) if any of the requested information of Lumos in this Agreement is considered proprietary, confidential or a trade secret, Lumos will notify the City of this opinion and the City will keep such information confidential to the extent permitted by the Virginia Freedom of Information Act (Virginia Code Sections 2.2 -3700 thr. -3714) or other any successor statute or law. As for new installations, after the effective date of this franchise, Lumos shall submit the proposed Mapping o1' its plans for new construction in the public streets or public rights -of -ways to the City prior to any construction. As -built drawings of any new construction of facilities shall be furnished to the City within ninety (90) days of completion of such construction. All as -built maps and drawings shall be drawn to scale and reference to a physical City benchmark to the extent the physical benchmark is in reasonable proximity to Lumos new installation. All mapping shall be provided in a format compatible to the City's then current mapping systems. Alternatively, Lumos will pay for the cost of making the mapping compatible. (c) Prior to its installation of any facilities in the public streets or public rights -of- way and after Lumos provides the City with its proposed plans for the facilities, the City may in its reasonable discretion designate certain locations to be excluded from use by Lumos for its telecommunications facilities, including, but not limited to, ornamental or similar specially designed streets lights or other facilities or locations which, in the reasonable judgment of the City Engineer, do not have electrical service adequate for or appropriate for Lumos' facilities or cannot safely bear the weight or wind loading thereof, or any other facility or location that in the reasonable judgment of the City Engineer is incompatible with the proposed facilities or would be rendered unsafe or unstable by the installation. The City Engineer may further exclude certain other City locations that have been designated or planned for other use or are subject to proprietary, legal or other limitations or restrictions as may be reasonably determined by the City. In the event such exclusions conflict with reasonable requirements of Lumos, the City will cooperate in good faith with Lumos to attempt to find suitable alternatives, if available, provided that the City shall not be required to incur financial costs nor require the City to acquire new locations for Lumos. Lumos shall, prior to any excavation or installation within the public streets or public rights -of -way, provide sufficient notification and joint installation opportunity on a shared cost basis to potential users of the public streets or public rights - of -way as may be provided for by a separate City policy. Such notification and adopted policies shall be designed to maximize co- location of providers to minimize the -14-