§ IV. CONDITIONS OF RIGHT-OF-WAY OCCUPANCY.

A.

Location—All telephone and communication lines and appurtenant equipment for the purpose of installing, maintaining and operating telephone and communication lines, and appurtenant equipment necessary to deliver and sell telephone and communication services to persons, firms, and corporations, including the general public, for telephone and communication purposes installed by the Company in public rights-of-way shall be located so as to cause minimum interference with other facilities and proper uses of the rights-of-way. All above-ground fixtures shall be placed so as to not interfere with the usual travel on said rights-of-way. Underground facilities may be located under the traveled portion of rights-of-way, provided the surface of such right-of-way is restored as hereunder provided.

B.

Restoration - If, while installing, repairing, or maintaining its facilities, the Company disturbs the surface of any right-of-way or public place, the Company shall restore the disturbed portion of the surface to as good a condition as before the disturbance and maintain the disturbed portion of the surface to the same level as that of adjacent land to the satisfaction of the City Commission or of any City official to whom such duties have been or may be delegated, for one year from the date the surface of said street, alley, highway, or public place is broken for such construction or maintenance work, after which time responsibility for the maintenance shall become the duty of the City. No such street, alley, highway, or public place shall be encumbered for a longer period than shall be necessary to execute the work.

C.

Specifications, Standards, and Testing - All fixtures installed, repaired, maintained, or operated, shall be done so in compliance with all applicable City, State, and Federal specifications and standards. Within thirty (30) days following completion of any construction, the Company shall provide copies of tests on any subgrade, base course, asphalt pavement, concrete, trench backfill, or other items removed and replaced during the course of construction and restoration activities. All construction, testing requirements, and standards shall be in compliance with the latest edition of the APWA standard specifications for public works construction. All compliance testing shall be performed by a professional engineering testing firm at the cost of the Company.

D.

Relocation of Facilities - In the event that any time during the period of this franchise, the City shall elect to alter or change the grade or location of any publicly owned utility, street, easement, alley, or other public way for the purpose of joint utilities or street improvement, the Company, upon reasonable notice by the city of the necessity, and after due consideration being given to Company's seasonal load requirements, shall remove, relay, or relocate, at Company's determination, its telephone and communication lines and other related fixtures on the City's right-of-way at its own cost and expense.

E.

Tree Trimming - That the right, license, privilege, and permission is hereby granted to the Company, its successors and assigns, to trim trees upon and overhanging the streets, alleys, sidewalks, and public places of the City, so as to prevent the branches of such trees from coming in contact with the wires or cables of the Company, and when so ordered by the City, said trimming shall be done under supervision and direction of the City or of any City official to whom said duties have been or may be delegated.

F.

Indemnity by Company - The City shall not be liable or responsible for, and shall be saved and held harmless by the Company from, any and all claims and damages of any kind (including injury to or death of any person or persons and damage to or loss of property) arising out of or attributed to the erection, construction, or operation of any or all of the plants, systems, and works of Company. Company agrees to provide and pay for Commercial General Liability Insurance with limits normally provided in other operations of this type by Company. The City shall be named as an Additional insured. Company agrees to provide evidence of such insurance to the City Manager. Such evidence shall be a copy of the Certificate of Insurance.