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1, :1 -;; rye • s/1. <br /> shall be removed or modified by the Grantee at its own expense whenever the City or <br /> other governmental authority determines that the public convenience would be enhanced <br /> thereby. <br /> B. All transmissions lines, equipment, and structures shall be so installed and <br /> located as to cause minimum interference with the rights and appearance and reasonable <br /> convenience of the property owners who adjoin on any Public Way and at all times shall <br /> be kept and maintained in a safe, adequate, and substantial condition, and in good order <br /> and repair. The Grantee shall at all times employ reasonable care and shall install and <br /> maintain in use commonly accepted methods and devices for preventing failures and <br /> accidents which are likely to cause damage, injuries, or nuisances to the public. Suitable <br /> barricades,flags, lights, flares, or other devices shall be used at such times and places as <br /> are reasonably required for the safety of all members of the public. Any poles or other <br /> fixtures placed in any Public Way by the Grantee shall be placed in such a manner as not <br /> to interfere with the usual travel on such Public Way. <br /> C. Grantee shall remove, replace, or modify at its own expense, the <br /> installation of any of its facilities as may be deemed necessary by the City or other <br /> appropriate governmental authority to meet its proper responsibilities. If, at any time, <br /> it is reasonably determined by the City or other authority of competent jurisdiction that <br /> any part of the System is harmful to the health or safety of any Person, then the Grantee <br /> shall, at its own expense, promptly correct or eliminate all such conditions. <br /> D. Except for acts of willful misconduct or gross negligence and to the <br /> extent permitted by applicable law,neither the City nor its officials, boards, commissions, <br /> consultants, agents, employees or independent contractors shall have any liability to the <br /> Grantee for any liability arising out of or in connection with the protection, breaking <br /> through, movement, removal, alteration, or relocation of any part of the System by or on <br /> behalf of the Grantee or the City in connection with any emergency, public work, public <br /> improvement, alteration of any municipal structure, any change in the grade or line of any <br /> Public Way, or the elimination or closing of any Public Way. The City agrees to fully <br /> comply with the spirit and intent of Florida Statute 556.101-111, the Underground <br /> Facility Damage Prevention and Safety Act. When the Grantee incurs relocation, make <br /> ready or other costs for the benefit of a municipality owned utility,,then the municipality <br /> owned utility shall reimburse the Grantee. The Grantee shall also be reimbursed for <br /> facility relocation during road widening to the same extent as other utilities are <br /> reimbursed. <br /> E. All installations shall be underground in those areas of the City where <br /> public utilities providing both telephone and electric service are underground at the time <br /> of installation. In areas where the telephone or electric utility facilities are above ground <br /> at the time of installation, the Grantee may install its service above-ground, provided, <br /> that at such time as those facilities are required to be placed underground by the City or <br />