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(vi) City, at its sole cost, shall operate, maintain and repair the Public Way so as to avoid
<br /> damage or minimize adversely affecting the System and the License Area. All parties shall use
<br /> the JULIE system for notifications,and emergency notifications shall be provided through JULIE.
<br /> This section shall not be interpreted to constrain the City from conducting normal maintenance
<br /> and constructing City infrastructure in the ROW.
<br /> (vii)City,its agents,or assigns,or any utility company or City franchisee may at any time,
<br /> enter upon the areas covered by this Agreement for the purpose of installing, maintaining,
<br /> relocating,altering,enlarging,repairing,or inspecting any utility,facility,or public work thereon;
<br /> provided that City will be liable for the direct reasonable cost to repair any damages to the System,
<br /> Improvements and Facilities caused directly by the City or its contractors. The City will not be
<br /> liable for damages made by other parties such as private utility companies and private contractors
<br /> not operating under a City contract; but SiFi may pursue and recover damages from these other
<br /> parties.
<br /> (viii)SiFi shall restore damaged or disturbed surfaces or underground utilities at or adjacent
<br /> to the License Area to substantially the same as the original condition, as per then current City of
<br /> Decatur Construction standards. Restoration shall be carried out immediately after construction.
<br /> Any damage not repaired to the satisfaction of the City shall be a cause to suspend any operations
<br /> within the City's limits by the party causing the damage until the repairs are satisfactory to the
<br /> City.
<br /> (ix)The System and all of its parts and components which are installed and constructed by
<br /> SiFi in the License Area shall at all times be and remain the property of SiFi,unless abandoned as
<br /> provided herein.
<br /> (x) City shall not install or construct, or permit the installation or construction of, any
<br /> structures, improvements or obstructions on, over, or under, the License Area that interfere with
<br /> SiFi Network' access to,use and possession of the License Area,nor shall City otherwise impede,
<br /> disturb, interfere with,or restrict, SiFi's access to,use and possession of,the License Area,unless
<br /> as otherwise provided in this Agreement.
<br /> (xi)The terms, conditions and rights contained herein shall remain in effect for as long as
<br /> the Agreement remains in effect. Within thirty days after termination of this Agreement,SiFi shall
<br /> remove any abandoned or unused Improvements from the Public Way. The terms and conditions
<br /> contained herein shall bind,inure to the benefit of, and be enforceable by,City and SiFi, and their
<br /> respective successors and assigns (including,without limitation,any and all successors to City in
<br /> title to all or any portion of the Public Way).
<br /> 2.4 Exclusivity. Other than for the exclusivity granted under this Agreement, this is a
<br /> non-exclusive grant of authefity or and is not a limitation on the use of the Public Way by
<br /> others. However, during the first three (3) years of this Agreement the City shall not solicit,
<br /> accept offers from or enter into an agreement with any third party regarding offering a similar
<br /> citywide fiber to the premise network, except as otherwise required by federal or state law.
<br /> Notwithstanding the above, the City may allow installation of fiber optic cables by any
<br /> franchisee of the Public Utility — Illinois Commerce Commission and/or an established internet
<br /> service provider with an existing,
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