<br />~on 6. D1ERGE.'-;CIE$,
<br />
<br />6.1, Cirv's Rjphl\ in an "me:-nncy. In the eve.'\! of an cmel'gcncy, City, at its sole risk
<br />and ex;>c:nse, may .=h, replace, rcloc.ate or modify Equipment on any Distribution Pole
<br />witllout tint obtainiog TU Elw.:ic's approval in the form of a Permit Application; provided,
<br />however, that before performing tht work, an appropriate Authorimd RePIt:SC:lltltivc of City
<br />will obtzin the oral approval of an authoriw:! representative of TU Electric design~ by
<br />TO Electric from time to time in writing, and provided funher, that the work is paformcd ,
<br />within the time period and under the conditions speciiicd by TU Electric's Authorized
<br />Represemative. Any oIAl approY2l will be confirmed, within five (5) days eithe pcnOIllW1CC
<br />of !he work, by City to TU Elccl.-ic in a writinl: identifying both the work performed and the
<br />Distribution Poles affected. lf the emergency attachme.,t, replacement, relocation or
<br />modification is not acceptable 10 TU Electric for any reason, City, at its sole risk and expt:;lse,
<br />will remove, replace, relocate Dr modify all or any portion of the Equipment upon notice from
<br />TU Electric and within thc time :>criod specified in the notice. City will notify TU Electric of
<br />the perfonnance of the work within lift= (lS) days of its completion. If City fails to ped'OTm ,
<br />the worle. TU Electric, after givi:1g reasonable notice or demand to City and at the sole risk and
<br />expense of City, may either perform all or any ponion of the work or remove the Eq!lipment
<br />from the Distribution Pole.
<br />
<br />6.2, l1j Electric's Ripht<. in an Emer:cncv. In the evenl of a., emergency, TU Electric,
<br />withoat prior notice to City and at City's sole risk and expense, may permanently or te,nporarlly
<br />rep=, ~locate, modify, remove or perform any ot~ work ill connection with the Equipment
<br />on any Distribution Pole. In th~t event, TU Electric will notify City promptly 2fu:: it become'
<br />aware af any emergency and notify City of both the work performed and tile Distribution Pole(s)
<br />affcc:t=l by the work ....;thin fifteen (lS) days of its completion,
<br />
<br />SectIon 7. DISCHARGE OF LlE!\Sj PERFOR,\1A."i'CE OF WORK.
<br />
<br />7.1. Dischar~e of VClS, City ag= t.iat it will not, directly or indirectly, cr=.
<br />incur, usume or suffer to e:dst ,,'y liens, mechanic, malcriaiman Dr otl1er, resulting from any
<br />wozX performed by or for it pursuant to this Agreement or any act or claim against it, and wii!,
<br />at its solc expense, promptly take ,,'y action as may be n=s..wy to disch=.rge a.r.)' lie.1S,
<br />
<br />7.2. Citv', Performance of Work. All work performed by City, pu~uant to lilis
<br />Agreement, will be conducted in a safe, good. workmanlike manTler and ....ill no! interfere in any
<br />manner with the llse of any equipme.1t of TV Elect.-ic or a.1Y Joint User.
<br />
<br />Sec:tlon 8. TERM.
<br />
<br />This Ag~:nent is for a term of L--> )'cars. Funher. jf neitl1er Party
<br />terminate.I this AgTC:emem at t.'le e.,d of L"oat term, this Agreeme.,t wijJ continue until c:ilher pany
<br />~cs to the other Pa.:'!)' at least L-.J days' wri~, notice of its desire
<br />to terminate. Either Party may lCIr.lir.ale this Agreeme.,t at any time for cause, provided a thL't)'
<br />(30) day penod follewing notice U allowed (or the CIlre of the default.
<br />
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