Relocation to Accommodate Governmental Purposes. If Licensee’s then-existing Network Facilities would interfere with City’s planned use of the Public ROW or other City property for a legitimate governmental purpose, such as the construction, installation, repair, maintenance, or operation of a new water, sewer, or storm drain line, or a public road, curb, gutter, sidewalk, park, or recreational facility, Licensee will, upon written notice from City, relocate its Network Facilities at Licensee’s own expense to such other location or locations in the Public ROW as may be mutually agreed by the parties, taking into account the needs of the City’s governmental purpose and Licensee’s interest in maintaining the integrity and stability of its Network. Licensee will relocate its Network Facilities within a commercially reasonable period of time agreed to by the parties, taking into account the urgency of the need for relocation, the difficulty of the relocation, and other relevant facts and circumstances, except that City may not require Licensee to relocate or remove its Network Facilities with less than sixty (60) days’ notice.
Relocation to Accommodate Governmental Purposes. If Franchisee’s then- existing Network Facilities would interfere with Municipality’s planned use of the Public ROW or other Municipality property for a legitimate noncommercial governmental purpose, such as the construction, installation, repair, maintenance, or operation of a new water, sewer, or storm drain line, or a public road, curb, gutter, sidewalk, park, or recreational facility, or in the event the affected Public ROW is lawfully vacated, eliminated, discontinued, or closed by the Municipality, Franchisee will, upon written notice from Municipality, relocate its Network Facilities at Franchisee’s own expense to such other location or locations in the Public ROW as may be mutually agreed by the parties, taking into account the needs of the Municipality’s governmental purpose and Franchisee’s interest in maintaining the integrity and stability of its Network. Franchisee will relocate its Network Facilities within a commercially reasonable period of time agreed to by the parties, taking into account the urgency of the need for relocation, the difficulty of the relocation, and other relevant facts and circumstances, except that Municipality may not require Franchisee to relocate or remove its Network Facilities with less than one hundred eighty (180) days’ notice. Upon the failure of Franchisee to relocate any Network Facilities within a reasonable period of time in accordance with this subsection, Municipality may effect such relocation, and Franchisee shall promptly reimburse Municipality for all actual, reasonable, and documented costs and expenses incurred by Municipality in connection with such relocation.
Relocation to Accommodate Governmental Purposes. If Licensee's then-existing Network Facilities would interfere with planned use of the Public ROW or City property, or property of any other political subdivision (as defined by the IRS) for any governmental purpose as reasonably determined by the City, Licensee will, upon written notice from any of the foregoing entities, relocate its Network Facilities at Licensee's own expense to such other location or locations in the Public ROW as may be mutually agreed by the parties, taking into account the needs of the governmental purpose and Licensee's interest in maintaining the integrity and stability of its Network. Licensee will relocate its Network Facilities within a commercially reasonable period of time agreed to by the parties, taking into account the urgency of the need for relocation, the difficulty of the relocation, and other relevant facts and circumstances, except that City or any such public entity may not require Licensee to relocate or remove its Network Facilities with less than sixty (60) days' notice.
Relocation to Accommodate Governmental Purposes. Licensee shall remove, relocate, or adjust its Network Facilities in accordance with Chapter 17 of the City Code, as amended; provided, however, that if relocation of Network Facilities is requested by the City for a non-public, non-governmental (e.g., commercial) purpose and such relocation or adjustment is not governed by Chapter 17 of the City Code, Section 3.4 of this Agreement shall govern such relocation or adjustment.
