Common use of Damage to Public Property Clause in Contracts

Damage to Public Property. 13.1 In addition to any indemnity obligation under this License and Agreement, whenever the installation, use, maintenance, removal, or relocation of any of PAETEC’s Facilities is required or permitted under this Agreement, and such installation, removal or relocation damages or disturbs the surface or subsurface of any ROW or public property or the public improvement located thereon, therein, or thereunder, however such damage or disturbance was caused, PAETEC, at its sole cost and expense, shall promptly restore the surface or subsurface of the ROW or public property and/or repair or replace the surface, subsurface and/or public improvement therein, or thereunder, in as good a condition as before in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer. If PAETEC does not repair the damage or disturbance as just described, then City shall have the option, upon ten (10) days prior written notice to PAETEC, to perform or cause to be performed such reasonable and necessary work on behalf of PAETEC and to charge PAETEC for the proposed costs to be incurred or the actual costs incurred by the City at City’s standard rates. 13.2 Notwithstanding the notice provision above, in the event of a Public Emergency, the City shall have the right to immediately perform, without prior written notice to PAETEC, such reasonable and necessary work on behalf of PAETEC to repair and return public property to a safe and satisfactory condition in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer. The City shall provide written notice to PAETEC of the repairs as soon as practicable after the work has begun. PAETEC agrees that any severed City-owned Conduit and/or fiber must be completely repaired or replaced to the nearest splice point. If the City needs to perform any part of the necessary repairs, relocation and/or removal work, it shall be entitled to seek payment for such repairs and/or relocation and/or removal costs from PAETEC and may draw upon the performance bond and/or letter or credit or security fund required by this Agreement in full or partial satisfaction of such costs, if payment is not made by PAETEC as required by Section 13.3 below. 13.3 Upon the receipt of a demand for payment by City, PAETEC shall, within thirty (30) days, reimburse City for such costs. 13.4 For any pavement cuts by PAETEC, PAETEC agrees to restore the pavement and to reimburse the City for all costs arising from the reduction in the service life of any public road, in accordance with the provisions of Chapter 29 of the Tempe City Code and the fees established by the City pursuant thereto. PAETEC agrees to pay within thirty (30) days from the date of issuance of an invoice from City. Failure to do so shall entitle City to draw upon the letter of credit or security fund and/or performance bond.

Damage to Public Property. 13.1 In addition to any indemnity obligation under this License and Agreement, whenever the installation, use, maintenance, removal, or relocation of any of PAETECELI’s Facilities is required or permitted under this Agreement, and such installation, removal or relocation performed by ▇▇▇ damages or disturbs the surface or subsurface of any ROW or public property or the any public improvement that may be located thereon, therein, or thereunder, however such damage or disturbance was caused, PAETEC▇▇▇, at its sole cost and expense, shall promptly restore the surface or subsurface of the ROW or public property and/or repair or replace the surface, subsurface and/or public improvement therein, or thereunder, in as good a condition as before in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer. ▇▇▇ agrees that if ▇▇▇ ▇▇▇▇▇▇ any City-owned fiber, ▇▇▇ must be complete repair or replace the severed fiber to the nearest splice point and any damaged City-owned Conduit must be replaced or repaired and restored to its original condition. If PAETEC ▇▇▇ does not repair the damage or disturbance as just described, then City shall have the option, upon ten (10) days business days’ prior written notice to PAETEC▇▇▇, to perform or cause to be performed such reasonable and necessary work on behalf of PAETEC ▇▇▇ and to charge PAETEC ▇▇▇ for the proposed costs to be incurred or the actual costs incurred by the City at City’s standard rates. If the City needs to perform any part of the necessary repairs, relocation and/or removal work, it shall be entitled to seek payment for such repairs and/or relocation and/or removal costs from ▇▇▇ and may draw upon the performance bond and/or letter or credit or security fund required by this Agreement in full or partial satisfaction of such costs, if payment is not made by ▇▇▇ as required by Section 13.3 below. 13.2 Notwithstanding the notice provision above, in the event of a Public Emergency, the City shall have the right to immediately perform, without prior written notice to PAETEC▇▇▇, such reasonable and necessary work on behalf of PAETEC ▇▇▇ to repair and return public property to a safe and satisfactory condition in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer. The City shall provide written notice to PAETEC ▇▇▇ of the repairs as soon as practicable after the work has begun. PAETEC agrees that any severed City-owned Conduit and/or fiber must be completely repaired or replaced to the nearest splice point. If the City needs to perform any part of the necessary repairs, relocation and/or removal work, it shall be entitled to seek payment for such repairs and/or relocation and/or removal costs from PAETEC ▇▇▇ and may draw upon the performance bond and/or letter or credit or security fund required by this Agreement in full or partial satisfaction of such costs, if payment is not made by PAETEC ▇▇▇ as required by Section 13.3 below. 13.3 Upon the receipt of a demand for payment by City, PAETEC for any repairs by City pursuant to this Section 13, ▇▇▇ shall, within thirty (30) days, reimburse City for such costs. 13.4 For any pavement cuts by PAETECELI, PAETEC ELI agrees to restore the pavement and to reimburse the City for all costs arising from the reduction in the service life of any public roadroad caused by ELI’s or its representatives’ actions, in accordance with the provisions of Chapter 29 of the Tempe City Code and the fees established by the City pursuant thereto. PAETEC ▇▇▇ agrees to pay within thirty five (3035) days from the date of issuance receipt of an invoice from City. Failure to do so shall entitle City to draw upon the letter of credit or security fund and/or performance bond.

Damage to Public Property. 13.1 In addition to any indemnity obligation under this License and Agreement, whenever the installation, use, maintenance, removal, or relocation of any of PAETECAlluvion’s Facilities is required or permitted under this Agreement, and such installation, removal or relocation damages or disturbs the surface or subsurface of any ROW or public property or the public improvement located thereon, therein, or thereunder, however such damage or disturbance was caused, PAETEC. Alluvion, at its sole cost and expense, shall promptly restore the surface or subsurface of the ROW or public property and/or repair or replace the surface, subsurface and/or public improvement therein, or thereunder, in as good a condition as before in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer. If PAETEC Alluvion does not repair the damage or disturbance as just described, then City shall have the option, upon ten (10) days prior written notice to PAETECAlluvion, to perform or cause to be performed such reasonable and necessary work on behalf of PAETEC Alluvion and to charge PAETEC Alluvion for the proposed costs to be incurred or the actual costs incurred by the City at City’s standard rates. 13.2 Notwithstanding the notice provision above, in the event of a Public Emergency, the City shall have the right to immediately perform, without prior written notice to PAETECAlluvion, such reasonable and necessary work on behalf of PAETEC Alluvion to repair and return public property to a safe and satisfactory condition in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer. The City shall provide written notice to PAETEC Alluvion of the repairs as soon as practicable after the work has begun. PAETEC Alluvion agrees that any severed City-owned Conduit and/or fiber must be completely repaired or replaced to the nearest splice point. If the City needs to perform any part of the necessary repairs, relocation and/or removal work, it shall be entitled to seek payment for such repairs and/or repairs, relocation and/or removal costs from PAETEC Alluvion and may draw upon the performance a bond and/or letter or of credit or security fund required by this Agreement in full or partial satisfaction of such costs, if payment is not made by PAETEC Alluvion as required by Section 13.3 below. 13.3 Upon the receipt of a demand for payment by City, PAETEC Alluvion shall, within thirty (30) days, reimburse City for such any undisputed costs. 13.4 For any pavement cuts by PAETECAlluvion, PAETEC Alluvion agrees to restore the pavement and to reimburse the City for all costs arising from the reduction in the service life of any public road, in accordance with the provisions of Chapter 29 of the Tempe City Code and the fees established by the City pursuant thereto. PAETEC Alluvion agrees to pay within thirty (30) days from the date of issuance of an invoice from City. Failure to do so shall entitle City to draw upon the letter of credit or security fund and/or performance bond.

Damage to Public Property. 13.1 11.1 In addition to any indemnity obligation under this License and Agreement, whenever the installation, use, maintenance, removal, or relocation of any of PAETEC[Entity Name]’s Facilities is required or permitted under this Agreement, and such installation, removal or relocation damages or disturbs the surface or subsurface of any ROW or public property or the public improvement located thereon, therein, or thereunder, however such damage or disturbance was caused, PAETEC. [Entity Name], at its sole cost and expense, shall promptly restore the surface or subsurface of the ROW or public property and/or repair or replace the surface, subsurface and/or public improvement therein, or thereunder, in as good a condition as before in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer. If PAETEC [Entity Name] does not repair the damage or disturbance as just described, then City shall have the option, upon ten (10) days prior written notice to PAETEC[Entity Name], to perform or cause to be performed such reasonable and necessary work on behalf of PAETEC [Entity Name] and to charge PAETEC [Entity Name] for the proposed costs to be incurred or the actual costs incurred by the City at City’s standard rates. 13.2 11.2 Notwithstanding the notice provision above, in the event of a Public Emergency, the City shall have the right to immediately perform, without prior written notice to PAETEC[Entity Name], such reasonable and necessary work on behalf of PAETEC [Entity Name] to repair and return public property to a safe and satisfactory condition in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer. The City shall provide written notice to PAETEC [Entity Name] of the repairs as soon as practicable after the work has begun. PAETEC [Entity Name] agrees that any severed City-owned Conduit and/or fiber must be completely repaired or replaced to the nearest splice point. If the City needs to perform any part of the necessary repairs, relocation and/or removal work, it shall be entitled to seek payment for such repairs and/or repairs, relocation and/or removal costs from PAETEC [Entity Name] and may draw upon the performance a bond and/or letter or of credit or security fund required by this Agreement in full or partial satisfaction of such costs, if payment is not made by PAETEC [Entity Name] as required by Section 13.3 11.3 below. 13.3 11.3 Upon the receipt of a demand for payment by City, PAETEC [Entity Name] shall, within thirty (30) days, reimburse City for such any undisputed costs. 13.4 11.4 For any pavement cuts by PAETEC[Entity Name], PAETEC [Entity Name] agrees to restore the pavement per Maricopa Association of Governments Uniform Standard specifications for Public Works Construction (MAG Specifications), and City of Tempe supplements to MAG, and any applicable City specifications or Standards or Standard Details as referenced, and/or as modified in this document and to reimburse the City for all costs arising from the reduction in the service life of any public road, in accordance with the provisions of Chapter 29 of the Tempe City Code and the fees established by the City pursuant thereto. PAETEC [Entity Name] agrees to pay within thirty (30) days from the date of issuance of an invoice from City. Failure to do so shall entitle City to draw upon the letter of credit or security fund and/or performance bond.

Damage to Public Property. 13.1 In addition to any indemnity obligation under this License and Agreement, whenever the installation, use, maintenance, removal, or relocation of any of PAETECAT&T’s Facilities is required or permitted under this Agreement, and such installation, removal or relocation damages or disturbs the surface or subsurface of any ROW or public property or the public improvement located thereon, therein, or thereunder, however such damage or disturbance was caused, PAETECAT&T, at its sole cost and expense, shall promptly restore the surface or subsurface of the ROW or public property and/or repair or replace the surface, subsurface and/or public improvement therein, or thereunder, in as good a condition as before in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer. If PAETEC AT&T does not repair the damage or disturbance as just described, then City shall have the option, upon ten (10) days prior written notice to PAETECAT&T, to perform or cause to be performed such reasonable and necessary work on behalf of PAETEC AT&T and to charge PAETEC for the proposed costs to be incurred or the AT&T all actual costs incurred by the City, including all administrative costs related to the work. Should AT&T fail to pay the City at Citywithin ten (10) business days of the invoice for the costs, the City will be entitled to deduct the amount of the invoice from AT&T’s standard ratesletter of credit. 13.2 Notwithstanding the notice provision above, in the event of a Public Emergency, the City shall have the right to immediately perform, without prior written notice to PAETECAT&T, such reasonable and necessary work on behalf of PAETEC AT&T to repair and return public property to a safe and satisfactory condition in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer. The City shall provide written notice to PAETEC AT&T of the repairs as soon as practicable after the work has begun. PAETEC AT&T agrees that any severed City-City- owned Conduit and/or fiber must be completely repaired or replaced to the nearest splice point. If the City needs to perform any part of the necessary repairs, relocation and/or removal work, it shall be entitled to seek payment for such repairs and/or relocation and/or removal costs from PAETEC AT&T and may draw upon the performance bond and/or letter or credit or security fund required by this Agreement in full or partial satisfaction of such costs, if payment is not made by PAETEC AT&T as required by Section 13.3 below. 13.3 Upon the receipt of a demand for payment by City, PAETEC AT&T shall, within thirty (30) days, reimburse City for such costs. 13.4 For any pavement cuts by PAETECAT&T, PAETEC AT&T agrees to restore the pavement and to reimburse the City for all costs arising from the reduction in the service life of any public road, in accordance with the provisions of Chapter 29 of the Tempe City Code and the fees established by the City pursuant thereto. PAETEC AT&T agrees to pay within thirty (30) days from the date of issuance of an invoice from City. Failure to do so shall entitle City to draw upon the letter of credit or security fund and/or performance bond.

Damage to Public Property. 13.1 In addition to any indemnity obligation under this License and Agreement, whenever the installation, use, maintenance, removal, or relocation of any of PAETECTrucom’s Facilities is required or permitted under this Agreement, and such installation, removal or relocation damages or disturbs the surface or subsurface of any ROW or public property or the public improvement located thereon, therein, or thereunder, however such damage or disturbance was caused, PAETECTrucom, at its sole cost and expense, shall promptly restore the surface or subsurface of the ROW or public property and/or repair or replace the surface, subsurface and/or public improvement therein, or thereunder, in as good a condition as before in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer. If PAETEC Trucom does not repair the damage or disturbance as just described, then City shall have the option, upon ten (10) days prior written notice to PAETECTrucom, to perform or cause to be performed such reasonable and necessary work on behalf of PAETEC Trucom and to charge PAETEC Trucom for the proposed costs to be incurred or the actual costs incurred by the City at City’s standard rates. 13.2 Notwithstanding the notice provision above, in the event of a Public Emergency, the City shall have the right to immediately perform, without prior written notice to PAETECTrucom, such reasonable and necessary work on behalf of PAETEC Trucom to repair and return public property to a safe and satisfactory condition in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer. The City shall provide written notice to PAETEC Trucom of the repairs as soon as practicable after the work has begun. PAETEC Trucom agrees that any severed City-City- owned Conduit and/or fiber must be completely repaired or replaced to the nearest splice point. If the City needs to perform any part of the necessary repairs, relocation and/or removal work, it shall be entitled to seek payment for such repairs and/or relocation and/or removal costs from PAETEC Trucom and may draw upon the performance bond and/or letter or credit or security fund required by this Agreement in full or partial satisfaction of such costs, if payment is not made by PAETEC Trucom as required by Section 13.3 below. 13.3 Upon the receipt of a demand for payment by City, PAETEC Trucom shall, within thirty (30) days, reimburse City for such costs. 13.4 For any pavement cuts by PAETECTrucom, PAETEC Trucom agrees to restore the pavement and to reimburse the City for all costs arising from the reduction in the service life of any public road, in accordance with the provisions of Chapter 29 of the Tempe City Code and the fees established by the City pursuant thereto. PAETEC Trucom agrees to pay within thirty (30) days from the date of issuance of an invoice from City. Failure to do so shall entitle City to draw upon the letter of credit or security fund and/or performance bond.

Damage to Public Property. 13.1 In addition to any indemnity obligation under this License and Agreement, whenever the installation, use, maintenance, removal, or relocation of any of PAETECXO’s Facilities is required or permitted under this Agreement, and such installation, removal or relocation damages or disturbs the surface or subsurface of any ROW or public property or the public improvement located thereon, therein, or thereunder, however such damage or disturbance was caused, PAETEC. XO, at its sole cost and expense, shall promptly restore the surface or subsurface of the ROW or public property and/or repair or replace the surface, subsurface and/or public improvement therein, or thereunder, in as good a condition as before in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer. If PAETEC XO does not repair the damage or disturbance as just described, then City shall have the option, upon ten (10) days prior written notice to PAETECXO, to perform or cause to be performed such reasonable and necessary work on behalf of PAETEC XO and to charge PAETEC XO for the proposed costs to be incurred or the actual costs incurred by the City at City’s standard rates. 13.2 Notwithstanding the notice provision above, in the event of a Public Emergency, the City shall have the right to immediately perform, without prior written notice to PAETECXO, such reasonable and necessary work on behalf of PAETEC XO to repair and return public property to a safe and satisfactory condition in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer. The City shall provide written notice to PAETEC XO of the repairs as soon as practicable after the work has begun. PAETEC XO agrees that any severed City-owned Conduit and/or fiber must be completely repaired or replaced to the nearest splice point. If the City needs to perform any part of the necessary repairs, relocation and/or removal work, it shall be entitled to seek payment for such repairs and/or repairs, relocation and/or removal costs from PAETEC XO and may draw upon the performance a bond and/or letter or of credit or security fund required by this Agreement in full or partial satisfaction of such costs, if payment is not made by PAETEC XO as required by Section 13.3 below. 13.3 Upon the receipt of a demand for payment by City, PAETEC XO shall, within thirty (30) days, reimburse City for such any undisputed costs. 13.4 For any pavement cuts by PAETECXO, PAETEC XO agrees to restore the pavement and to reimburse the City for all costs arising from the reduction in the service life of any public road, in accordance with the provisions of Chapter 29 of the Tempe City Code and the fees established by the City pursuant thereto. PAETEC XO agrees to pay within thirty (30) days from the date of issuance of an invoice from City. Failure to do so shall entitle City to draw upon the letter of credit or security fund and/or performance bond.

Damage to Public Property. 13.1 In addition to any indemnity obligation under this License and Agreement, whenever the installation, use, maintenance, removal, or relocation of any of PAETECMCI’s Facilities is required or permitted under this Agreement, and such installation, removal or relocation damages or disturbs the surface or subsurface of any ROW or public property or the any public improvement that may be located thereon, therein, or thereunder, however such damage or disturbance was caused, PAETECMCI, at its sole cost and expense, shall promptly restore the surface or subsurface of the ROW or public property and/or repair or replace the surface, subsurface and/or public improvement therein, or thereunder, in as good a condition as before in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer. If PAETEC MCI does not repair the damage or disturbance as just described, then City shall have the option, upon ten (10) days business days’ prior written notice to PAETECMCI, to perform or cause to be performed such reasonable and necessary work on behalf of PAETEC MCI and to charge PAETEC MCI for the proposed costs to be incurred or the actual costs incurred by the City at City’s standard rates. 13.2 Notwithstanding the notice provision above, in the event of a Public Emergency, the City shall have the right to immediately perform, without prior written notice to PAETECMCI, such reasonable and necessary work on behalf of PAETEC MCI to repair and return public property to a safe and satisfactory condition in accordance with applicable laws, normal wear and tear excepted, reasonably satisfactory to the City Engineer. The City shall provide written notice to PAETEC MCI of the repairs as soon as practicable after the work has begun. PAETEC MCI agrees that any severed City-owned Conduit and/or fiber must be completely repaired or replaced to the nearest splice pointpoint and any damaged City- owned Conduit must be replaced or repaired and restored to its original condition. If the City needs to perform any part of the necessary repairs, relocation and/or removal work, it shall be entitled to seek payment for such repairs and/or relocation and/or removal costs from PAETEC MCI and may draw upon the performance bond and/or letter or credit or security fund required by this Agreement in full or partial satisfaction of such costs, if payment is not made by PAETEC MCI as required by Section 13.3 below. 13.3 Upon the receipt of a demand for payment by City, PAETEC MCI shall, within thirty (30) days, reimburse City for such costs. 13.4 For any pavement cuts by PAETECMCI, PAETEC MCI agrees to restore the pavement and to reimburse the City for all costs arising from the reduction in the service life of any public roadroad caused by MCI’s or its representatives’ actions, in accordance with the provisions of Chapter 29 of the Tempe City Code and the fees established by the City pursuant thereto. PAETEC MCI agrees to pay such costs within thirty five (3035) days from the date of issuance receipt of an invoice from City. Failure to do so shall entitle City to draw upon the letter of credit or security fund and/or performance bond.