Common use of Public Works and Improvements Clause in Contracts

Public Works and Improvements. Nothing in this Agreement shall abrogate the right of the City (itself or through its contractors) to construct, operate, maintain, repair or remove any public works or public improvements of any description. In the event that the Facilities interfere with the construction, operation, maintenance, repair or removal of any public works or public improvements, the Company shall, at its own cost and expense, promptly protect or alter or relocate the Facilities, or any part thereof, as directed by the City. The City shall use reasonable efforts to provide reasonable prior notice to the Company of such interference and the City's direction. In the event that the Company thereafter fails to so protect, alter or relocate all or part of the Facilities, the City shall have the right to break through, remove, alter, or relocate all or any part of the Facilities without any liability to the Company, and the Company shall pay to the City the reasonable costs incurred in connection with such breaking through, removal, alteration, or relocation (provided that the City shall not place any of the Company’s Base Station equipment on any Street Pole without the Company’s agreement).