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D. All of Grantee's plant and equipment, including, but not limited to, <br />• the antenna site, headend and distribution System, towers, house <br />connections, structures, poles, wire, cable coaxial cable, fixtures and <br />appurtenances shall be installed, located, erected, constructed, <br />reconstructed, replaced, removed, repaired, maintained and operated in <br />accordance with good engineering practices, performed by experienced <br />maintenance and construction Personnel so as not to endanger or <br />interfere with improvements the City may deem appropriate to make or to <br />interfere in any manner with the rights of any property owner, or to <br />unnecessarily hinder or obstruct pedestrian or vehicular traffic. <br />E. Grantee shall at all times employ ordinary care and shall install and <br />maintain in use commonly accepted methods and devices preventing <br />failures and accidents which are likely to cause damage, injury or <br />nuisance to the public. <br />7.05 Construction Code and Permits. <br />A. Grantee shall obtain all required permits from the City before <br />commencing any work requiring a permit, including the opening or <br />disturbance of any Street, Public Property or public easement within the <br />City. Grantee shall strictly adhere to all building and zonind.codes <br />currently or hereafter applicable to construction, operation or maintenance <br />. of the System in the City. <br />B. The City shall have the right to inspect all construction or <br />Installation work performed pursuant to the provisions of this Franchise <br />and to make such tests it shall find necessary to ensure compliance with <br />the terms of the Franchise and applicable provisions of Applicable Laws. <br />C. Nothing contained in this Franchise shall be construed to give or to <br />withhold from Grantee the authority to enter upon or work on private <br />property in areas not encumbered with public easements without the <br />permission of the property owner. <br />7.06 Repair of Streets and Property. Any and all Streets or Public Property or <br />private property, which are disturbed or damaged during the construction, repair, <br />replacement, relocation, operation, maintenance or reconstruction of the System <br />shall be promptly repaired by Grantee, at its expense, to a condition as good as <br />that prevailing prior to Grantee's construction. <br />7.07 Use of Existing Poles. Grantee shall not erect, for any reason, any pole <br />on or along any Street in an existing aerial utility System without the advance <br />written approval the City. Grantee shall exercise its best efforts to negotiate the <br />lease of pole space and facilities from the exiting owners for all aerial <br />construction. <br />19 <br />