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SECTION 3
<br />SWndards of Service
<br />3.1 Conditions of Street Occuoancv. Grantee shall construct, insfall and maintain all transmission
<br />and distribution sVuctures, poles, other lines and equipment only at those locations and in such manner
<br />as shall be approved by the Franchising Authority's public works director so as to cause a minimum of
<br />interference with the proper use of Public Ways and with the rights and reasonable convenience of public
<br />and private property owners who own property that adjoins any of said Public Ways. In the event of such
<br />interference, lhe Franchising Authority may require lhe removal or relocation of the Grantee's lines,
<br />cables, and appurtenances from the property in question pursuant to Section 3.3 herein. Grantee must
<br />give at least forty-eight (48) hours advance notice to all affected private property owners prior to installing
<br />any additional above-ground or underground structures upon easements localed on private property.
<br />3.1.5 Use of Poles and Conduits bv Franchisina Authoritv. Upon written consent of
<br />Grantee, which shall not be unreasonably withheld, the Franchising Authority may use for any
<br />public or municipal purpose, any poles or conduits maintained exclusively by or for the Grantee in
<br />any Public Way, provided such use by the Franchising Authority does not interfere with the
<br />current or future operations of the Grantee. The Franchising Authority shall indemnify, hold
<br />harmless, and defend the Grantee against and from any and all claims, demands, actions, suits,
<br />proceedings, damages, costs or liabilities arising out of the Franchising Aulhoriry's, its employees'
<br />or agenPs negligence or willful misconduct in such use of the Grantee's poles and conduits.
<br />Furiher, such use by the Frenchising Authority of the Grantee's poles and conduits is restricted to
<br />non-commercial municipal purposes, and the Franchising Authority shall not use the poles or
<br />conduits for any purpose thal is in direct competition with the Grantee.
<br />3.2 Restoration of Public Wavs. If during lhe course of the Grantee's consVuction, operation, or
<br />maintenance of the Cable System there occurs a disturbance of or damage to any Public Way, includinq
<br />but not limited to anv irriqation eouioment in the Public Riahts of Wav, by the Grantee, the Grantee shall,
<br />at Grantee's sole cost and expense, and in a manner reasonably approved by the Franchising Authority's
<br />public works director, replace and restore such Public Way to a condition reasonably comparable to the
<br />condition of the Public Way existing immediately prior to such disturbance or damage within the time
<br />frame and limits specified by Ne Franchising Authority.
<br />3.3 Relocation at Reauest of Franchisinn Authoritv. Within thirty (30) days of Grantee's receipt of
<br />written notice from the Franchising Authority to relocate any property, the Grantee shall, at its own
<br />eupense, protect, support, temporarily disconned, relocate in the Public Way, or remove hom the Public
<br />Way, any property of the Grantee when lawfully required by the Franchising Authority by reason of tra�c
<br />conditions, public safety, sVeet abandonment, freeway and street construction, change or establishment
<br />of slreet grade, installation of sewers, drains, gas or water pipes, or any other type of structures or
<br />improvements by the Franchising Authority; but Grantee shall in all cases have the privilege of
<br />abandonment of its property on those terms and conditions as provided in the Colton Municipal Code. If
<br />public funds are available lo any person using such street, easement, or right of way for the purpose of
<br />defraying the cost of any of the foregoing, the Franchising Authority may make application for such funds
<br />on behalf of the Grantee. If Grantee asserts that the relocalion request made by the Franchising
<br />Authority cannot be completed within the aforementioned thirty (30) day period, the Franchising Authority
<br />may, in its reasonable discretion, decide to award an eMension of time.
<br />3.4 Relowtion at Reauest of Third Partv. The Grantee shall, on the request of any person holding
<br />a building moving permit issued by the Franchising Aulhoriry, temporarily raise or lower its wires to permit
<br />the moving of such building, provided: (a) the expense of such lemporary raising or lowering of wires is
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<br />ORANGE\A1M\I6110.J
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