Common use of Use of Public Rights of Way Clause in Contracts

Use of Public Rights of Way. In using the Public Rights of Way, the Company shall be subject to all ordinances, resolutions, rules, regulations, and policies now or hereafter adopted or promulgated by the City in the reasonable exercise of its police powers and shall be subject to all applicable laws, statutes, ordinances, regulations, orders, and rules adopted or promulgated by any governing body now or hereafter having jurisdiction. In addition, the Company shall be subject to all ordinances, resolutions, rules, regulations, and policies now or hereafter adopted or promulgated by the City relating to the use of the Public Rights of Way, including but not limited to permits, sidewalk and pavement cuts, utility location, construction coordination, “Complete Streets” policies, beautification, tree care, and other requirements affecting the use of the Public Rights of Way. The Company shall also comply with the following: (a) The Company’s use of the Public Rights of Way shall in all matters be subject and subordinate to the City’s use of the Public Rights of Way for any public purpose or for any purpose relating to the health, safety, and welfare of the City. The Company shall coordinate the placement of its Facilities in a manner that minimizes adverse impact on Public Improvements as reasonably determined by the City. Where placement is not otherwise regulated, the Facilities shall be placed with adequate clearance from such Public Improvements so as not to affect or be affected by such Public Improvements. (b) To the extent that the Company uses above-ground markers, antennas, or support structures related to its use of the Public Rights of Way for the placement of its Facilities, the Company agrees that it will seek City approval and comply with all City requirements before placing any such markers, antennas, or support structures and that said markers, antennas, and support structures shall be unobtrusive. (c) All earth, materials, sidewalks, paving, crossings, utilities, Public Improvements, or improvements of any kind that are injured, damaged, or removed by the Company while engaging in any activity under this Franchise Contract shall be fully repaired or replaced to their original condition within a reasonable time by the Company at its sole cost and expense and to the reasonable satisfaction of the City. (d) The Company shall keep and maintain accurate records and as-built drawings depicting the accurate location of all Facilities constructed, reconstructed, located, or relocated in the Public Rights of Way after the date hereof and shall provide that information to the City upon its written request. Where such information is available electronically, upon written request of the City the Company agrees to provide such information in an electronic format. Such location and identification shall be at the sole cost and expense of the Company, without any such cost or expense to the City. (e) Except in cases of emergency or routine maintenance, a minimum of forty-eight (48) hours prior to construction, reconstruction, location, or relocation of any Facilities in a Public Right of Way, the Company shall submit to the Department of Public Works for approval, plans and specifications related to the proposed construction, reconstruction, location, or relocation. The City shall not unreasonably withhold, delay, or condition approval of said plans and specifications. The City’s review of the plans and specifications shall be confined to matters affecting the interests of the City. (f) Except in cases of emergency, the Company shall notify the City not less than twenty-eight (28) days in advance of any construction, reconstruction, repair, location, or relocation of Facilities that would require any street closure or that would reduce the traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the approval or denial of such authority, neither of which shall be unreasonably withheld, conditioned, or delayed. Except in cases of emergency, no such closure shall take place without the prior authorization of the City. (g) As reasonably necessary, the Company shall relocate or adjust any of its Facilities located in a Right of Way for a Public Project with no less than ninety (90) days prior written notice from the City. Such relocation or adjustment shall be performed by the Company, at its sole cost and expense, without any cost or expense to the City and shall be subject specifically to the rules and regulations of the City. (h) It shall be the sole responsibility of the Company to take adequate measures to protect and to defend its Facilities in the Public Rights of Way from harm and damage. If the Company fails to accurately or timely locate its Facilities when requested, in accordance with the Kansas Underground Utility Damage Prevention Act of 1993, codified as amended at K.S.A. 66-1801 et seq., then the Company has no claim for costs or damages against the City or its authorized agents and contractors or any other party authorized to be in the Public Rights of Way, except to the extent that such harm or damage is caused by any such party’s reckless or intentional conduct. The City agrees to take reasonable precautionary measures, including but not limited to calling for utility locations and observing marker posts, when working near the Company’s Facilities. (i) All technical standards governing construction, reconstruction, installation, operation, testing, use, maintenance, and dismantling of the facilities in the Public Rights of Way shall be followed at all times work is performed in the Public Rights of Way. Additionally, all work performed in the Public Rights of Way shall be in compliance with all applicable federal, state, and local laws and regulations in effect at the time any such work is performed. (j) The City shall have the authority to prohibit the Company’s use or occupation of a specific portion of any Public Right of Way that is environmentally sensitive, as defined by federal, state, or local law or regulation, or that lies within a previously designated historic district, as defined by federal, state, or local law.

Use of Public Rights of Way. In using the Public Rights of WayWay under this License Agreement, the Company Verizon Wireless shall be subject to all ordinances, resolutions, rules, regulations, and policies now or hereafter adopted or promulgated by the City in the reasonable exercise of its police powers and shall be subject to all applicable laws, statutes, ordinances, regulations, orders, and rules adopted or promulgated by any governing body now or hereafter having jurisdiction. In additionAs a condition of this License Agreement, the Company Verizon Wireless shall obtain and shall be subject to all ordinances, resolutions, rules, regulations, responsible for obtaining and policies now or hereafter adopted or promulgated by the City relating to the use of the Public Rights of Way, including but not limited to maintaining any necessary permits, sidewalk and pavement cutslicenses, utility locationcertifications, construction coordinationgrants, “Complete Streets” policiesregistrations, beautification, tree care, and other requirements affecting the use of the Public Rights of Way. The Company shall also comply with the following:or (a) The Company’s Verizon Wireless' use of the Public Rights of Way shall in all matters be subject and subordinate to the City’s use of the Public Rights of Way for any public purpose or for any purpose relating to the health, safety, and welfare of the City. The Company Verizon Wireless shall coordinate the placement of its Facilities in a manner that minimizes adverse impact on Public Improvements as reasonably determined by the City. Where placement is not otherwise regulated, the Facilities shall be placed with adequate clearance from such Public Improvements so as not to affect impact or be affected impacted by such Public Improvements. (b) To the extent that the Company Verizon Wireless uses above-ground markers, antennas, or support structures related to its use of the Public Rights of Way for the placement of its Facilities, the Company Verizon Wireless agrees that it will seek City approval and comply with all City requirements before placing any such markers, antennas, or support structures and that said markers, antennas, and support structures shall be unobtrusive. The City's approval shall not be unreasonably withheld, conditioned, or delayed. (c) All earth, materials, sidewalks, paving, crossings, utilities, Public Improvements, or improvements of any kind that are injured, damaged, or removed by the Company Verizon Wireless, while engaging in any activity under this Franchise Contract License Agreement, shall be fully repaired or replaced to their its original condition within a reasonable time by the Company Verizon Wireless at its sole cost and expense and to the reasonable satisfaction of the City. (d) The Company Verizon Wireless shall keep and maintain accurate records and as-built drawings depicting the accurate location of all Facilities constructed, reconstructed, located, or relocated in the Public Rights of Way of the City after the date hereof and shall provide that information to the City upon its written request. Where such information is available electronically, upon written request of the City the Company City, Verizon Wireless agrees to provide such information in an electronic format. Such location and identification shall be at the sole cost and expense of the CompanyVerizon Wireless, without any such cost or expense to the CityCity or its authorized agents and contractors. (e) Except in cases of emergency or routine maintenanceemergency, a minimum of forty-eight fourteen (4814) hours days prior to construction, reconstruction, location, or relocation of any Facilities in a Public Right of Way, the Company Verizon Wireless shall submit to the Department of Public Works City Engineer, or his or her designee, for approval, plans and specifications related to the proposed construction, reconstruction, location, or relocation. The City shall not unreasonably withhold, delay, or condition approval of said plans and specificationsspecification. The City’s review of the plans and specifications shall be confined to matters affecting impacting the interests of the City. (f) As reasonably necessary, Verizon Wireless shall relocate or adjust any of its Facilities located in a Public Right of Way for a Public Project with no less than ninety (90) days prior written notice from the City. Such relocation or adjustment shall be performed by Verizon Wireless at its sole cost and expense, without any cost or expense to the City or its authorized agents and contractors and shall be subject specifically to the rules and regulations of the City. (g) It shall be the sole responsibility of Verizon Wireless to take adequate measures to protect and defend its Facilities in the Public Rights of Way from harm and damage. If Verizon Wireless fails to accurately or timely locate its Facilities when requested, in accordance with the Kansas Underground Utility Damage Prevention Act, K.S.A. 66-1801 et seq., then Verizon Wireless has no claim for costs or damages against the City or its authorized agents and contractors or any other party authorized to be in the Public Rights of Way, except to the extent that such harm or damage is caused by such party’s intentional conduct. The City and its authorized agents and contractors agree to take reasonable precautionary measures, including but not limited to calling for utility locations and observing marker posts, when working near Verizon Wireless’ Facilities. (h) Except in cases of emergency, the Company Verizon Wireless shall notify the City not less than twenty-eight ten (2810) days in advance of any construction, reconstruction, repair, location, or relocation of Facilities that would require any street closure or that would reduce the traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the approval or denial of such authority, neither of which shall be unreasonably withheld, conditioned, or denied nor delayed. Except in cases of emergency, no such closure shall take place without the prior authorization of the City. (g) As reasonably necessary, the Company shall relocate or adjust any of its Facilities located in a Right of Way for a Public Project with no less than ninety (90) days prior written notice from the City. Such relocation or adjustment shall be performed by the Company, at its sole cost and expense, without any cost or expense to the City and shall be subject specifically to the rules and regulations of the City. (h) It shall be the sole responsibility of the Company to take adequate measures to protect and to defend its Facilities in the Public Rights of Way from harm and damage. If the Company fails to accurately or timely locate its Facilities when requested, in accordance with the Kansas Underground Utility Damage Prevention Act of 1993, codified as amended at K.S.A. 66-1801 et seq., then the Company has no claim for costs or damages against the City or its authorized agents and contractors or any other party authorized to be in the Public Rights of Way, except to the extent that such harm or damage is caused by any such party’s reckless or intentional conduct. The City agrees to take reasonable precautionary measures, including but not limited to calling for utility locations and observing marker posts, when working near the Company’s Facilities. (i) All technical standards governing construction, reconstruction, installation, operation, testing, testing use, maintenance, and dismantling of the facilities in the Public Rights of Way shall be followed at all times work is performed in the Public Rights of Way. Additionally, all work performed in the Public Rights of Way shall be in compliance accordance with all applicable federal, state, and local laws and regulations in effect at the time any such work is performed. (j) The City shall have the authority to prohibit the Company’s Verizon Wireless’ use or occupation of a specific portion of any Public Right of Way that is environmentally sensitive, as defined by federal, state, or local law or regulation, or that lies within a previously designated historic district, district as defined by federal, state, or local law.

Use of Public Rights of Way. In using the Public Rights of Way, the Company Video Service Provider shall be subject to all ordinances, resolutions, rules, regulations, and policies now or hereafter adopted or promulgated by the City in the reasonable exercise of its police powers and shall be subject to all applicable laws, statutes, ordinances, regulations, orders, and rules adopted or promulgated by any governing body now or hereafter having jurisdiction. In addition, the Company Video Service Provider shall be subject to all ordinances, resolutions, rules, regulations, and policies now or hereafter adopted or promulgated by the City relating to the use of the Public Rights of Way, including but not limited to permits, sidewalk and pavement cuts, utility location, construction coordination, “Complete Streets” policies, beautification, tree care, fees, and other requirements affecting the use of the Public Rights of Way. The Company Further, Video Service Provider shall also comply with the following: (a) The CompanyVideo Service Provider’s use of the Public Rights of Way shall shall, in all matters matters, be subject and subordinate to the City’s use of the Public Rights of Way for any public purpose or for any purpose relating to the health, safety, and welfare of the City. The Company Video Service Provider shall coordinate the placement of its Facilities in a manner that minimizes adverse impact on Public Improvements Improvements, as reasonably determined by the City. Where placement is not otherwise regulated, the Facilities shall be placed with adequate clearance from such Public Improvements so as not to affect or be affected by such Public Improvements. (b) To the extent that the Company Video Service Provider uses above-ground markers, antennas, or support structures related to its use of the Public Rights of Way for the placement of its Facilities, the Company Video Service Provider agrees that it will seek City approval and comply with all City requirements before placing any such markers, antennas, or support structures and that said markers, antennas, and support structures shall shall, if so placed, be unobtrusive. The City’s approval shall not be unreasonably withheld, conditioned or delayed. The foregoing shall not apply to any temporary staking that Video Service Provider may do in the ordinary course of its use of the Public Rights of Way to provide Video Services. (c) All earth, materials, sidewalks, paving, crossings, utilities, Public Improvements, or improvements of any kind that are injured, damaged, or removed by the Company Video Service Provider while engaging in any activity under this Franchise Contract Agreement shall be fully repaired or replaced to their original condition within a reasonable time by the Company Video Service Provider at its sole cost and expense and to the reasonable satisfaction of the City. (d) The Company Video Service Provider shall keep and maintain accurate records and as-as- built drawings depicting the accurate location of all Facilities constructed, reconstructed, located, or relocated in the Public Rights of Way after the date hereof and shall provide that information to the City upon its written request. Where such information is available electronically, upon written request of the City the Company City, Video Service Provider agrees to provide such information in an electronic format. Such location and identification shall be at the sole cost and expense of the CompanyVideo Service Provider, without any such cost or expense to the City. (e) Except in cases of emergency or and routine maintenance, a minimum of forty-eight (48) 48 hours prior to construction, reconstruction, location, or relocation of any Facilities in a Public Right of Way, the Company Video Service Provider shall submit to the Department of Public Works an application for approvala Temporary Right of Way Work Permit, which shall include plans and specifications related to for the proposed construction, reconstruction, location, or relocationproject. The City shall not unreasonably withhold, delay, or condition approval of said plans and specificationsapplication. The City’s review of the plans and specifications shall be confined to matters affecting the interests of the City. (f) Except in cases of emergency, the Company shall notify the City not less than twenty-eight (28) a minimum of 28 days in advance of any prior to construction, reconstruction, repair, location, or relocation of Facilities that would require any street closure or that would reduce the traffic flow to less than two lanes of moving traffic, Video Service Provider shall submit to the City Engineer, or his or her designee, an application for a Temporary Right of Way Work Permit. The City shall follow its policies in the approval or denial of such authorityapplication, neither of which shall be unreasonably withheld, conditioned, or delayed. Except in cases of emergency, no such closure shall take place without the prior authorization of the City. (g) As reasonably necessary, the Company Video Service Provider shall relocate or adjust any of its Facilities located in a Public Right of Way for a Public Project with no less than ninety (90) 90 days prior written notice from the City. Such relocation or adjustment shall be performed by the CompanyVideo Service Provider, at its sole cost and expense, without any cost or expense to the City and shall be subject specifically to the rules and regulations of the City. However, in those cases where it would take more than 90 days for Video Service Provider to relocate or adjust its facilities, the parties may mutually agree to a period of time that exceeds 90 days. (h) It shall be the sole responsibility of the Company Video Service Provider to take adequate measures to protect and to defend its Facilities in the Public Rights of Way from harm and damage. If the Company Video Service Provider fails to accurately or timely locate its Facilities when requested, in accordance with the Kansas Underground Utility Damage Prevention Act of 1993, codified as amended at K.S.A. 66-1801 et seq., then the Company Video Service Provider has no claim for costs or damages against the City or its authorized agents and contractors or any other party authorized to be in the Public Rights of Way, except to the extent that such harm or damage is caused by any such party’s reckless or intentional conduct. The City agrees to take reasonable precautionary measures, including but not limited to calling for utility locations and observing marker postsmarkers, when working near the CompanyVideo Service Provider’s Facilities. (i) All technical standards governing construction, reconstruction, installation, operation, testing, testing use, maintenance, and dismantling of the facilities in the Public Rights of Way shall be followed at all times work is performed in the Public Rights of Way. Additionally, all work performed in the Public Rights of Way shall be in compliance accordance with all applicable federal, state, and local laws and regulations in effect at the time any such work is performed. (j) The City shall have the authority to prohibit the Companyor regulate Video Service Provider’s use or occupation of a specific portion of any Public Right of Way that is environmentally sensitive, as defined by federal, state, or local law or regulation, or that lies within a previously designated historic district, as defined by federal, state, or local law.

Use of Public Rights of Way. In using the Public Rights of WayWay under this License Agreement, the Company Southern Star shall be subject to all ordinances, resolutions, rules, regulations, and policies now or hereafter adopted or promulgated by the City in the reasonable exercise of its police powers and shall be subject to all applicable laws, statutes, ordinances, regulations, orders, and rules adopted or promulgated by any governing body now or hereafter having jurisdiction. In addition, the Company Southern Star shall be subject to all ordinances, resolutions, rules, regulations, and policies now or hereafter adopted or promulgated by the City relating to the use of the Public Rights public rights of Wayway, including but not limited to permits, sidewalk and pavement cuts, utility location, construction coordination, the City's “Complete Streets” policiespolicy, beautification, tree care, and other requirements affecting the use of the Public City's Rights of Way. The Company Southern Star shall also comply with the following: (a) The CompanySouthern Star’s use of the Public City's Rights of Way shall shall, in all matters matters, be subject and subordinate to the City’s use of the Public City's Rights of Way for any public purpose or for any purpose relating to the health, safety, and welfare of the City. The Company shall coordinate the placement of Southern Star shall, as shown in Exhibit B, install its Facilities in a manner that minimizes any adverse impact on Public Improvements as reasonably determined by the City. Where placement is not otherwise regulated, the Facilities shall be placed with adequate clearance from such Public Improvements so as not to affect impact or be affected impacted by such Public Improvements. (b) To the extent that the Company uses above-ground markers, antennas, or support structures related to its use of the Public Rights of Way for the placement of its Facilities, the Company agrees that it will seek City approval and comply with all City requirements before placing any such markers, antennas, or support structures and that said markers, antennas, and support structures shall be unobtrusive. (c) All earth, materials, sidewalks, paving, crossings, utilities, Public Improvements, or improvements of any kind that are injured, damaged, or removed by the Company Southern Star, while engaging in any activity under this Franchise Contract License Agreement, shall be fully repaired or replaced to their original condition within a reasonable time by the Company Southern Star at its sole cost and expense and to the reasonable satisfaction of the City. (dc) The Company Southern Star shall keep and maintain accurate records and as-built drawings depicting the accurate location of all Facilities constructed, reconstructed, located, or relocated in the Public City's Rights of Way after the date hereof and shall provide that information to the City upon its written request. Where such information is available electronically, upon written request of the City the Company City, Southern Star agrees to provide such information in an electronic format. Such location and identification shall be at the sole cost and expense of the CompanySouthern Star, without any such cost or expense to the CityCity or its authorized agents and contractors. (ed) Except in cases of emergency or routine maintenanceemergency, Southern Star shall submit, a minimum of forty-eight fourteen (4814) hours days prior to construction, reconstruction, location, or relocation of any Facilities in a Public Right the City's Rights of Way, the Company shall submit to the Department of Public Works City Engineer, or his or her designee, for approval, plans and specifications related to the proposed constructionproposed (e) As reasonably necessary, reconstruction, location, Southern Star shall relocate or relocationadjust any of its Facilities located in the City's Rights of Way for a Public Project upon one hundred eighty (180) days' written notice from the City. The City shall not unreasonably withhold, delay, Such relocation or condition approval of said plans and specifications. The City’s review of the plans and specifications adjustment shall be confined performed by Southern Star at its sole cost and expense, without any cost or expense to matters affecting the interests City or its authorized agents and contractors and shall be subject specifically to the rules and regulations of the City. (f) It shall be the sole responsibility of Southern Star to take adequate measures to protect and defend its Facilities in the City's Rights of Way from harm and damage. If Southern Star fails to accurately or timely locate its Facilities when requested, then Southern Star has no claim for costs or damages against the City or its authorized agents and contractors or any other party authorized to be in the City's Rights of Way, except to the extent that such harm or damage is caused by such party’s intentional conduct. The City and its authorized agents and contractors agree to take reasonable precautionary measures, including but not limited to calling for utility locations and observing marker posts, when working near Southern Star’s Facilities. (g) Except in cases of emergency, the Company Southern Star shall notify the City not less than twenty-eight ten (2810) days in advance of any construction, reconstruction, repair, location, or relocation of Facilities that would require any street closure or that would reduce the traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the approval or denial of such authority, neither of which shall be unreasonably withheld, conditioned, or denied nor delayed. Except in cases of emergency, no such closure shall take place without the prior authorization of the City. (g) As reasonably necessary, the Company shall relocate or adjust any of its Facilities located in a Right of Way for a Public Project with no less than ninety (90) days prior written notice from the City. Such relocation or adjustment shall be performed by the Company, at its sole cost and expense, without any cost or expense to the City and shall be subject specifically to the rules and regulations of the City. (h) It shall be the sole responsibility of the Company to take adequate measures to protect and to defend its Facilities in the Public Rights of Way from harm and damage. If the Company fails to accurately or timely locate its Facilities when requested, in accordance with the Kansas Underground Utility Damage Prevention Act of 1993, codified as amended at K.S.A. 66-1801 et seq., then the Company has no claim for costs or damages against the City or its authorized agents and contractors or any other party authorized to be in the Public Rights of Way, except to the extent that such harm or damage is caused by any such party’s reckless or intentional conduct. The City agrees to take reasonable precautionary measures, including but not limited to calling for utility locations and observing marker posts, when working near the Company’s Facilities. (i) All technical standards governing construction, reconstruction, installation, operation, testing, testing use, maintenance, and dismantling of the facilities Facilities in the Public Rights of Way shall be followed at all times work is performed in the Public Rights of Way. Additionally, all work performed in the Public City's Rights of Way shall be in compliance accordance with all applicable present and future federal, state, and local laws and regulations in effect at the time any such work is performedregulations. (j) The City shall have the authority to prohibit the Company’s use or occupation of a specific portion of any Public Right of Way that is environmentally sensitive, as defined by federal, state, or local law or regulation, or that lies within a previously designated historic district, as defined by federal, state, or local law.

Use of Public Rights of Way. In using the Public Rights of WayWay under this Franchise Agreement, the Company Level 3 shall be subject to all applicable ordinances, resolutions, rules, regulations, and policies now or hereafter adopted or promulgated by the City in the reasonable exercise of its police powers and shall be subject to all applicable laws, statutes, ordinances, regulations, orders, and rules adopted or promulgated by any governing body now or hereafter having appropriate jurisdiction. As a condition of this Franchise Agreement, Level 3 shall obtain and shall be responsible for obtaining and maintaining any necessary permits, licenses, certifications, grants, registrations, or other authorizations required by any appropriate governmental entity, including but not limited to the FCC, the KCC, or the City, subject to Level 3’s right to challenge in good faith such requirement. In addition, the Company Level 3 shall be subject to all applicable ordinances, resolutions, rules, regulations, and policies now or hereafter adopted or promulgated by the City relating to the use of the Public Rights of Way, including but not limited to permits, sidewalk and pavement cuts, utility location, construction coordination, “Complete Streets” policies, beautification, tree care, and other requirements affecting the use of the Public Rights of Way. The Company Level 3 shall also comply with the following: (a) The CompanyLevel 3’s use of the Public Rights of Way shall in all matters be subject and subordinate to the City’s use of the Public Rights of Way for any public purpose or for any purpose relating to the health, safety, and welfare of the City. The Company Level 3 shall coordinate the placement of its Facilities in a manner that minimizes adverse impact on Public Improvements as reasonably determined by the City. Where placement is not otherwise regulated, the Facilities shall be placed with adequate clearance from such Public Improvements so as not to affect impact or be affected impacted by such Public Improvements. (b) To the extent that the Company uses above-ground markers, antennas, or support structures related to its use of the Public Rights of Way for the placement of its Facilities, the Company agrees that it will seek City approval and comply with all City requirements before placing any such markers, antennas, or support structures and that said markers, antennas, and support structures shall be unobtrusive. (c) All earth, materials, sidewalks, paving, crossings, utilities, Public Improvements, or improvements of any kind that are injured, damaged, or removed by the Company Level 3, while engaging in any activity under this Franchise Contract Agreement, shall be fully repaired or replaced to their original condition within a reasonable time by the Company Level 3 at its sole cost and expense and to the reasonable satisfaction of the City. (dc) The Company Level 3 shall keep and maintain accurate records and as-built drawings depicting the accurate location of all Facilities constructed, reconstructed, located, or relocated in the Public Rights of Way of the City after the date hereof and shall provide that information to the City upon its written request. Where such information is available electronically, upon written request of the City the Company agrees to provide such information in an electronic format. Such location and identification shall be at the sole cost and expense of the CompanyLevel 3, without any such cost or expense to the City. (e) Except in cases of emergency or routine maintenance, a minimum of forty-eight (48) hours prior to construction, reconstruction, location, or relocation of any Facilities in a Public Right of Way, the Company shall submit to the Department of Public Works for approval, plans and specifications related to the proposed construction, reconstruction, location, or relocation. The City shall not unreasonably withhold, delay, or condition approval of said plans and specifications. The City’s review of the plans and specifications shall be confined to matters affecting the interests of the City. (f) Except in cases of emergency, the Company shall notify the City not less than twenty-eight (28) days in advance of any construction, reconstruction, repair, location, or relocation of Facilities that would require any street closure or that would reduce the traffic flow to less than two lanes of moving traffic. The City shall follow its policies in the approval or denial of such authority, neither of which shall be unreasonably withheld, conditioned, or delayed. Except in cases of emergency, no such closure shall take place without the prior authorization of the City. (g) As reasonably necessary, the Company shall relocate or adjust any of its Facilities located in a Right of Way for a Public Project with no less than ninety (90) days prior written notice from the City. Such relocation or adjustment shall be performed by the Company, at its sole cost and expense, without any cost or expense to the City and shall be subject specifically to the rules and regulations of the City. (h) It shall be the sole responsibility of the Company to take adequate measures to protect and to defend its Facilities in the Public Rights of Way from harm and damage. If the Company fails to accurately or timely locate its Facilities when requested, in accordance with the Kansas Underground Utility Damage Prevention Act of 1993, codified as amended at K.S.A. 66-1801 et seq., then the Company has no claim for costs or damages against the City or its authorized agents and contractors or any other party authorized to be in the Public Rights of Way, except to the extent that such harm or damage is caused by any such party’s reckless or intentional conductcontractors. The City agrees to take reasonable precautionary measures, including but not limited use any information obtained under this subsection only to calling for locate utility locations and observing marker posts, when working near the Company’s Facilities. (i) All technical standards governing construction, reconstruction, installation, operation, testing, use, maintenance, and dismantling of the facilities in the connection with Public Rights of Way shall Projects and further agrees not to disclose such information to anyone other than City employees requiring such information to locate utility facilities in connection with Public Projects, except as may otherwise be followed at all times work is performed in the Public Rights of Wayrequired by law. Additionally, all work performed in the Public Rights of Way shall be in compliance with all applicable federal, state, and local laws and regulations in effect at the time any such work is performed. (j) The City and Level 3 agree that such information is confidential and proprietary. The City and Level 3 also agree that such information shall have remain the authority to prohibit the Company’s use or occupation sole property of a specific portion of any Public Right of Way Level 3. The City and Level 3 further agree that such information shall not constitute an open public record as that term is environmentally sensitive, as defined by federalthe Kansas Open Records Act, state, or local law or regulation, or that lies within a previously designated historic district, codified as defined by federal, state, or local law.amended at

Use of Public Rights of Way. In using the Public Rights of Way, the Company Video Service Provider shall be subject to all ordinances, resolutions, rules, regulations, and policies now or hereafter adopted or promulgated by the City in the reasonable exercise of its police powers and shall be subject to all applicable laws, statutes, ordinances, regulations, orders, and rules adopted or promulgated by any governing body now or hereafter having jurisdiction. In addition, the Company Video Service Provider shall be subject to all ordinances, resolutions, rules, regulations, and policies now or hereafter adopted or promulgated by the City relating to the use of the Public Rights of Way, including but not limited to permits, sidewalk and pavement cuts, utility location, construction coordination, “Complete Streets” policies, beautification, tree care, fees, and other requirements affecting the use of the Public Rights of Way. The Company Further, Video Service Provider shall also comply with the following: (a) The CompanyVideo Service Provider’s use of the Public Rights of Way shall shall, in all matters matters, be subject and subordinate to the City’s use of the Public Rights of Way for any public purpose or for any purpose relating to the health, safety, and welfare of the City. The Company Video Service Provider shall coordinate the placement of its Facilities in a manner that minimizes adverse impact on Public Improvements Improvements, as reasonably determined by the City. Where placement is not otherwise regulated, the Facilities shall be placed with adequate clearance from such Public Improvements so as not to affect or be affected by such Public Improvements. (b) To the extent that the Company Video Service Provider uses above-ground markers, antennas, or support structures related to its use of the Public Rights of Way for the placement of its Facilities, the Company Video Service Provider agrees that it will seek City approval and comply with all City requirements before placing any such markers, antennas, or support structures and that said markers, antennas, and support structures shall shall, if so placed, be unobtrusive. The City’s approval shall not be unreasonably withheld, conditioned or delayed. The foregoing shall not apply to any temporary staking that Video Service Provider may do in the ordinary course of its use of the Public Rights of Way to provide Video Services. (c) All earth, materials, sidewalks, paving, crossings, utilities, Public Improvements, or improvements of any kind that are injured, damaged, or removed by the Company Video Service Provider while engaging in any activity under this Franchise Contract Agreement shall be fully repaired or replaced to their original condition within a reasonable time by the Company Video Service Provider at its sole cost and expense and to the reasonable satisfaction of the City. (d) The Company Video Service Provider shall keep and maintain accurate records and as-as- built drawings depicting the accurate location of all Facilities constructed, reconstructed, located, or relocated in the Public Rights of Way after the date hereof and shall provide that information to the City upon its written request. Where such information is available electronically, upon written request of the City the Company City, Video Service Provider agrees to provide such information in an electronic format. Such location and identification shall be at the sole cost and expense of the CompanyVideo Service Provider, without any such cost or expense to the City. (e) Except in cases of emergency or and routine maintenance, a minimum of forty-eight (48) 48 hours prior to construction, reconstruction, location, or relocation of any Facilities in a Public Right of Way, the Company Video Service Provider shall submit to the Department City Engineer, or his or her designee, an application for a Right of Public Works for approvalWay Permit, which shall include plans and specifications related to for the proposed construction, reconstruction, location, or relocationproject. The City shall not unreasonably withhold, delay, or condition approval of said plans and specificationsapplication. The City’s review of the plans and specifications shall be confined to matters affecting the interests of the City. (f) Except in cases of emergency, the Company shall notify the City not less than twenty-eight (28) a minimum of 7 days in advance of any prior to construction, reconstruction, repair, location, or relocation of Facilities that would require any street closure or that would reduce the traffic flow to less than two lanes of moving traffic, Video Service Provider shall submit to the City Engineer, or his or her designee, an application for a Right of Way Permit. The City shall follow its policies in the approval or denial of such authorityapplication, neither of which shall be unreasonably withheld, conditioned, or delayed. Except in cases of emergency, no such closure shall take place without the prior authorization of the City. (g) As reasonably necessary, the Company Video Service Provider shall relocate or adjust any of its Facilities located in a Public Right of Way for a Public Project with no less than ninety (90) 90 days prior written notice from the City. Such relocation or adjustment shall be performed by the CompanyVideo Service Provider, at its sole cost and expense, without any cost or expense to the City and shall be subject specifically to the rules and regulations of the City. However, in those cases where it would take more than 90 days for Video Service Provider to relocate or adjust its facilities, the parties may mutually agree to a period of time that exceeds 90 days. (h) It shall be the sole responsibility of the Company Video Service Provider to take adequate measures to protect and to defend its Facilities in the Public Rights of Way from harm and damage. If the Company Video Service Provider fails to accurately or timely locate its Facilities when requested, in accordance with the Kansas Underground Utility Damage Prevention Act of 1993, codified as amended at K.S.A. 66-1801 et seq., then the Company Video Service Provider has no claim for costs or damages against the City or its authorized agents and contractors or any other party authorized to be in the Public Rights of Way, except to the extent that such harm or damage is caused by any such party’s reckless or intentional conduct. The City agrees to take reasonable precautionary measures, including but not limited to calling for utility locations and observing marker postsmarkers, when working near the CompanyVideo Service Provider’s Facilities. (i) All technical standards governing construction, reconstruction, installation, operation, testing, testing use, maintenance, and dismantling of the facilities in the Public Rights of Way shall be followed at all times work is performed in the Public Rights of Way. Additionally, all work performed in the Public Rights of Way shall be in compliance accordance with all applicable federal, state, and local laws and regulations in effect at the time any such work is performed. (j) The City shall have the authority to prohibit the Companyor regulate Video Service Provider’s use or occupation of a specific portion of any Public Right of Way that is environmentally sensitive, as defined by federal, state, or local law or regulation, or that lies within a previously designated historic district, as defined by federal, state, or local law.