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(i) traditional open trench and/or directional boring; <br /> (ii) slot cut Microtrenching as set forth in the specifications set forth in Exhibit <br /> A to this Agreement. <br /> (iii) the use of a ground penetration radar system as the primary method for <br /> identifying underground utilities prior to any Microtrenching; <br /> (iv) aerial cables;and or <br /> (v) techniques ancillary to or related to the foregoing <br /> Notwithstanding any City building code provision to the contrary or special requirements <br /> for the construction at unique sites, the City hereby approves each of the above referenced <br /> construction methods and the specifications in the exhibits and agrees to work cooperatively with <br /> SiFi in reviewing all other potential construction methods. <br /> 4.1.2 SiFi shall be solely responsible for all repairs, maintenance, and adjustments, and <br /> damage to the System,not caused by City's active negligence or willful misconduct.The City shall <br /> be liable to the extent any loss or damages to the System or other property and equipment results <br /> from the active negligence or willful misconduct of acts or omissions by the City or its agents. <br /> 4.2 Location of Equipment/Facilities. <br /> 4.2.1 Facilities. During the Term, the City shall provide SiFi with <br /> access to and use of the Facilities to SiFi for the installation and operation of <br /> SiFi's Shelters(approximately one thousand(1,000) square feet per location) <br /> in or adjoining the Public Way or on City-owned land subject to a separate <br /> lease agreement to be negotiated in good faith between the Parties,distributed <br /> Cabinets and other System equipment, components, parts, and other <br /> appurtenances for the System and related facilities, and from which the fiber <br /> optic cables will be deployed. The City will provide GIS maps,but SiFi will <br /> conduct their own property research and verify the actual locations of the <br /> Public Way boundaries at their own risk. SiFi accepts the responsibility for <br /> placing its System infrastructure as specified in the applicable permit.Where <br /> City-owned property is unavailable for use by SiFi, then SiFi will be <br /> responsible for obtaining property or easements as needed. <br /> 4.2.2 Shelters and Cabinets Locations. SiFi agrees to provide <br /> engineering designs including intended locations of the Shelters and Cabinets <br /> required for the System to the City prior to Construction in accordance with <br /> City's permitting process. The City and SiFi agree to cooperate in the <br /> selection of suitable sites for the Shelters and Cabinets. However, City has <br /> sole and absolute but reasonable discretion to reject a proposed location; <br /> Page 12 of 33 <br />