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• ' . � <br /> f ✓ rI . <br /> r" , <br /> previous two sentences and shall not include City buildings, fixtures, and other structures or <br /> improvements, regardless of whether they are situated in the right-of-way. This definition shall <br /> be consistent with City's Right-of-Way ordinance, Chapter 41.1, as amended. <br /> 2. Grant and Requirements. <br /> 2.1 The City hereby authorizes Comcast to occupy or use the Right-of-Way subject to <br /> the provisions of this non-exclusive Agreement to provide Cable Service within the City, so long <br /> as all applicable code provisions are met, including but not limited to all applicable provisions of <br /> Municipal Code Chapter 41.1, Standards for the Construction of Facilities in the Public Right-of- <br /> Way, as well as applicable zoning, taxation, and construction rules and regulations contained in <br /> the City Code. <br /> 2.2 Comcast agrees that it must locate the equipment it will install in the Right-of- <br /> Way so as to cause minimum interference with the proper use of the Right-of-Way, and to cause <br /> minimum interference with the rights and reasonable convenience of property owners who adjoin <br /> the Right-of-Way. No fixtures shall be placed in any Right-of-Way in such a manner to interfere <br /> with the usual travel on such Right-of-Way. In addition, Comcast may enter private property <br /> only as permitted by the owner of such private property for the purpose of constructing, <br /> operating, maintaining, repairing, and upgrading facilities. <br /> 2.3 Comcast agrees that it will not install fixtures or equipment of the Cable System <br /> in any Right-of-Way so as to interfere with usual travel on, or maintenance of, such Right-of- <br /> Ways, nor shall such fixtures or equipment limit the visibility of vehicular and/or pedestrian <br /> traffic. <br /> 2.4 Comcast shall comply with the lawful application of all applicable provisions of <br /> the City Code, state and federal law with respect to the location and screening of Comcast's <br /> equipment and facilities installed in the Right-of-Way as applicable on a case-by-case basis. If <br /> the location selected by Comcast for a new specific cabinet raises a reasonable public health, <br /> safety, and welfare concern, the City and Comcast agree to work together to identify alternative <br /> locations, if available, that satisfy any technical specifications or limitations of the facilities or <br /> equipment to be placed in the Right-of-Way and that are acceptable to the City. <br /> 2.5 In accordance with the City Code, the City agrees to process any and all <br /> applicable permits for the installation, construction, maintenance, repair, removal, and other <br /> activities associated with the Cable System in a timely manner consistent with Chapter 41.1 of <br /> the Municipal Code. <br /> 2.6 With respect to the Cable System of Comcast located in the Right-of-Way and <br /> utilized to provide Cable Service: <br /> a. All construction practices shall be in accordance with all applicable <br /> sections of the Occupational Safety and Health Act of 1970, as amended, as well as all <br /> applicable state laws, including Title 83, Part 305 of the Illinois Administrative Code, and <br /> local codes where applicable, as adopted by the City. <br /> 3 <br /> 1043854v2 <br />