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within a reasonably prompt period, with consideration given for days during which work <br />• cannot be done because of circumstances constituting force majeure. Notwithstanding the <br />foregoing, the Company's guarantees set forth hereunder concerning restoration and <br />maintenance, shall not apply to the extent another company, franchisee, licensee, <br />permittee, other entity or person, or the City disturbs or damages the same area, or a <br />portion thereof, of the Public Rights -of -Way. <br />502.5 DUTY TO CORRECT DEFECTS: The Company shall correct defects in patching, or <br />restoration performed by it or its agents. Upon notification from the City, the Company <br />shall correct all restoration work to the extent necessary, using the method determined by <br />the Director. Such work shall be completed after receipt of the notice from the Director <br />within a reasonably prompt period, with consideration given for days during which work <br />cannot be done because of circumstances constituting force majeure. <br />502.6 FAILURE To RESTORE: If the Company fails to restore the Public Rights -of -Way in the <br />manner and to the condition required by the Director pursuant to Section 502.5, or fails to <br />satisfactorily and timely complete all restoration required by the Director pursuant to the <br />foregoing, the City shall notify the Company in writing of the specific alleged failure or <br />failures and shall allow the Company at least ten (10) days from receipt of the notice to <br />cure the failure or failures, or to respond with a plan to cure. In the event that the <br />Company fails to cure, or fails to respond to the City's notice as provided above, the City <br />may, at its election, perform the necessary work and the Company shall pay to the City its <br />reasonable costs for such restoration within thirty (30) days of billing accompanied by an <br />• itemized statement of the City's reasonable costs. If payment is not received by the City <br />within the thirty (30) day period, the City Attorney may bring an action to recover the <br />reasonable costs of the restoration and reasonable attorney's fees in a court of competent <br />jurisdiction pursuant to Section 56-467 of the Virginia Code. Reasonable costs may <br />include, but are not limited to, administrative, overhead mobilization, material, labor, and <br />equipment related to such restoration. <br />C� <br />J <br />502.7 DAMAGE TO OTHER FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY: The Company <br />shall be responsible for the cost of repairing any Facilities existing within the Public <br />Rights -of -Way that it or the Facilities owned by the Company damage. If the Company <br />damages the City's Facilities within the Public Rights -of -Way, such as, but not limited to, <br />culverts, road surfaces, curbs and gutters, or tile lines, the Company shall correct the <br />damage within a prompt period after receiving written notification from the City. If the <br />Company does not correct the City's damaged Facilities pursuant to the foregoing, the <br />City may make such repairs as necessary and charge all of the reasonable costs of such <br />repairs within thirty (30) days of billing accompanied by an itemized statement of the <br />City's reasonable costs. If payment is not received by the City within such thirty (30) day <br />period, the City Attorney may bring an action to recover the reasonable costs of the <br />restoration and reasonable attorney's fees in a court of competent jurisdiction pursuant to <br />Section 56-467 of the Virginia Code. Reasonable costs may include, but are not limited <br />to, administrative, overhead mobilization, material, labor, and equipment related to such <br />repair. <br />Page 8 <br />