USE OF STREETS. The Distribution System shall be erected, placed, or laid in such manner as will, consistent with necessity, least interfere with other public uses of the Rights-of-way, and said Right-of-way shall not be unnecessarily obstructed. Except in an emergency situation, before the Company makes any excavation or disturbs the surface of any of the Rights-of-way, it shall make application for a permit to the appropriate City authority. City shall issue or, if applicable, deny permits within ten (10) business days of application by Company. In consideration of the franchise fees contemplated in this Agreement, City shall not charge Company any fees for the issuance of such permits. Company shall, with due diligence and dispatch, place such Right-of-way in as good a condition as before such excavation or disturbance was made; provided, however, that should Company fail within ten (10) days of its receipt of written notice from City to restore such Right- of-way, then City may undertake such restoration (other than any restoration work on the Distribution System) and charge the reasonable cost thereof to Company. To the extent consistent with Florida law, Company hereby agrees to abide by all the rules, regulations, and ordinances which City has passed or might pass in the future in the exercise of its police power; provided, however, with the exception of changes to the City’s Ordinance Code related to permitting requirements or procedures, the City shall not pass any ordinance or regulation pertaining to this Agreement that results in a material change to the rights or obligations of Company under this Agreement. Company shall use commercially reasonable efforts to coordinate with the City on matters impacting Company’s facilities and Company’s use of Rights-of-way, including but not limited to City projects, third-party projects, facility abandonment, and emergency response.
Appears in 2 contracts
Sources: Franchise Agreement, Franchise Agreement