Orange County NC Website
13 <br />establishment of street grade, installation of sewers, drains, water pipes, power or <br />communication lines, or other types of structure or improvements by <br />governmental agencies for governmental purposes. Reasonable Notice for this <br />Section shall be construed to mean at least ninety (90) days, except in the case of <br />emergencies where no specific notice period shall be required. The Grantor shall <br />endeavor to notify and seek comment from the Grantee, with respect to <br />minimising disruption to the Cable System, where public works projects may <br />affect the Grantee's Cable System. <br />B. The Grantee shall relocate its facilities and appliances that are in conflict with <br />County or state projects to upgrade or construct roadways, or other public <br />infrastructure in accordance with the governing law regarding reimbursement of <br />such expenses by the state. <br />C. Whenever a Public Right -of -Way exists to accommodate the Grantee's Cable <br />System, the Grantee shall make every effort to locate its facilities, other than <br />Subscriber drops, within the Grantor's Rights -of -Way, unless there are legitimate <br />legal, technical, operational, or economic reasons to do otherwise. <br />C. The Grantee shall locate, place and construct its facilities so as not to interfere <br />with the 'construction, location and maintenance of sewer or water mains, lines or <br />connections or other public infrastructure. <br />D. The Grantee shall adhere to all federal, state and local regulations regarding the <br />location, construction, and maintenance of its facilities within the Public Right -of- <br />Way. The Grantee shall take reasonable preventative measures to protect existing <br />facilities within the Public Rights -of -Way. <br />E. The Grantee shall restore and replace landscaped areas within the Public Right -of <br />Way, pavement, pedestrian lighting, sidewalks, curbs, gutters or other facilities <br />damaged by the Grantee or its contractors with like material to their former <br />condition at the Grantee's expense, and shall thereafter, from time to time, but no <br />longer than one (1) year from the completion of the job, readjust, fill and finish <br />the same as may be necessary due to settling of the earth associated with the <br />Grantee's disruption of the Public Rights -of -Way. <br />Section 11. Initial and Continuing Tests <br />A. The Grantee, if requested by the Grantor, shall perform all tests necessary to <br />demonstrate compliance with the requirements of 47 C.F.R §76 subpart K. All <br />tests shall be conducted in accordance with the FCC's rules at the Grantee's <br />expense. <br />B. Upon request, the Grantor shall be provided engineering design, construction and <br />"as built" documents in both hard copy (paper) and electronic (data files) formats. <br />Such maps should designate the location of the Grantee's facilities in a mutually <br />8/22/2003 <br />