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E. The City's annual capital improvements plan as well as any updates or changes as <br />soon as the plan, update, or change will be made available to Company. City shall notify <br />Company as soon as reasonably possible of any projects that will affect Company's System <br />Facilities located in the Public Rights -of -Way. <br />F. Any and all excavations and obstructions in and upon the streets, alleys, and other <br />public places in the City caused by the Company's operations under this ordinance shall be <br />repaired and removed as quickly as is reasonably possible under the circumstances. All <br />excavations shall be repaired in a good and workmanlike manner and restored to the approximate <br />condition that existed prior to the excavation. Replacement of sod is to be of like kind, smoothed, <br />shaped, rolled, and compacted for proper landscape maintenance. The public shall be protected <br />by barriers and lights placed, erected, marked, and maintained by the Company in accordance <br />with the standards set forth in the current Texas Manual on Uniform Traffic Control Devices <br />( "TMUTCD "), as well as any other applicable local, state, and federal requirements. Company <br />warrants that any such restoration work performed in the Public Rights -of -Way shall be in <br />satisfactory condition pursuant to Paris's right -of -way management ordinance and /or other <br />applicable City ordinances. In the event that the Company fails to repair or restore an excavation <br />site within fourteen (14) calendar days after receipt of written notice from the City of a <br />deficiency, the City may, at its option, perform the needed repair or restoration and the Company <br />shall promptly reimburse the City for the reasonable cost of such repair or restoration. Except <br />for repairs, day to day maintenance, or in cases of emergency conditions, work conducted within <br />the Public Rights -of -Way shall require an approved permit issued by the City prior to <br />commencement of work. In no instance shall Company be required to pay fees or bonds related <br />to its use of the Public Rights -of -Way. <br />G. The City reserves the right to lay, and permit to be laid, any City -owned facilities, <br />such as storm water, sewer, gas, water, wastewater and other pipe lines, cable, and conduits, or <br />other improvements and to do and permit to be done any underground or overhead work that <br />may be necessary or proper in, across; along, over, or under Public Rights -of -Way occupied by <br />Company. The City also reserves the right to change in any manner any City -owned curb, <br />sidewalk, highway, alley, public way, street, and City -owned utility lines, storm sewers, drainage <br />basins, drainage ditches, and other City facilities. <br />Page 5 <br />4340964.4 <br />