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~~o <br />Section 12. Public Rights-of--Way Use Conditions <br />A. The Grantor reserves the right, upon Reasonable Notice, to require the Grantee at <br />its expense to protect, support, temporarily disconnect, relocate or' remove from <br />the Public Rights-of--Way any property of the Grantee by reason of traffic <br />conditions, public safety, sheet construction or excavation, change or <br />establislunent 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 <br />purposes of this Section shall be construed to mean at least ninety (90) days, <br />except in the case of emergencies where no specific notice period shall be <br />required. Tlie Grantor shall endeavor to notify and seek continent fiom the <br />Grantee, with respect to minimizing disruption to the Cable System, where public <br />works projects may affect the Grantee's Cable System. In the event Grantor <br />reimburses any other user of the right of way for' such relocation, Grantee shall be <br />similarly reimbursed. <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 acconnnodate the Grantee's Cable <br />system, the Grantee shall make every effort to locate its facilities, other than <br />Customer drops, within the Grantor's Rights-of--Way, unless there are legitimate <br />legal, technical, operational, or economic reasons to do otherwise. <br />D. The Grantee shall adhere to all federal, state and generally applicable <br />nondiseriminator~y local regulations regarding the location, construction, and <br />maintenance of its facilities within the Public Rights-of--Way. The Grantee shall <br />take reasonable preventative measures to protect existing facilities within the <br />Public Rights-of-Way, <br />L. The Grantee shall r°estore and replace landscaped areas within the Public Right-of <br />Way, pavement, pedestrian lighting, sidewall<s, 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 (I) year from the completion of the job, readjust, fill and finish <br />the same as may be necessary due to settling of the earCh associated with the <br />Grantee's disruption of the Public Rights-of--Way. <br />Section 1:3. Initial and Continuing Tests <br />A. The Grantee, shall perform all tests necessary to demonstrate compliance with the <br />requirements of 47 C.F.R §76, subpart IC All tests shall be conducted in <br />accordance with the FCC's rules at the Grantee's expense. <br />10 <br />