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of due diligence on the part of LEVEL 3 may be grounds for the grant of an extension in
<br />the period during which compliance is to be attained, provided that LEVEL 3 continues to
<br />pursue correction of any violations of the Franchise Agreement noted by the COUNTY.
<br />B. Emergency Actions — If any of LEVEL Ts actions, or any failure by LEVEL 3 to act to
<br />correct a situation caused by LEVEL 3 is deemed by the COUNTY to create a threat to
<br />life or property, the COUNTY may order LEVEL 3 to immediately correct said situation
<br />threat or, at the COUNTY's discretion, the COUNTY may undertake measure to correct
<br />said situation threat itself; provided that, when possible, the COUNTY shall notify LEVEL
<br />3 of said threat and give LEVEL 3 an opportunity to correct said threat before undertaking
<br />such measures itself. LEVEL 3 shall be liable for all costs, expenses, and damages
<br />attributable to the correction of such an emergency situation as undertaken by the
<br />COUNTY to the extent that such situation was caused by LEVEL 3 and shall further be
<br />liable for all costs, expenses, and damages resulting to the COUNTY from such situation
<br />and any reimbursement of such costs to the COUNTY shall be made with thirty (30) days
<br />of written notice of the completion of such action or determination of damages by the
<br />COUNTY. The failure by LEVEL 3 to take appropriate action to correct a situation caused
<br />by LEVEL 3 and identified by the COUNTY as a threat to public or private safety or
<br />property shall be considered a violation of franchise terms and each day that such a
<br />situation continues to exist and LEVEL 3 fails to take appropriate action to abate said
<br />situation shall be regarded as a separate violation.
<br />C. Other Remedies - Nothing contained in this Franchise Agreement shall limit the
<br />COUNTY's available remedies in the event of LEVEL Ts failure to comply with the
<br />provisions of this Franchise Agreement, to include but not limited to, the COUNTY's right
<br />to sue for specific performance and/or damages.
<br />D. Removal of System - In the event that this Franchise Agreement is terminated as a
<br />result of violations of the terms of this Franchise Agreement, LEVEL 3 shall at his sole
<br />expense, promptly remove all transmission system components and facilities, provided
<br />that, the COUNTY, at its sole option, may allow or require LEVEL 3 to abandon its
<br />underground facilities in place, in which case the COUNTY shall take title and ownership
<br />to the facilities and LEVEL 3 shall have no further obligation and liability therefore.
<br />Section 5. Insurance. LEVEL 3 shall maintain commercial general liability insurance written on a per
<br />occurrence basis during the full term of this franchise for personal injuries and property damage. The
<br />policy shall include the COUNTY of Kittitas as additionally insured and shall contain coverage in the
<br />following minimum amounts per separate occurrence:
<br />Personal Injury: $5,000,000 per occurrence & $10,000,000 per aggregate.
<br />Property Damage: $5,000,000 per occurrence & $10,000,000 per aggregate.
<br />. Insurance limit can often be achieved by combining different excess insurance policies. In the event that
<br />LEVEL 3 changes insurance carriers during the term of this Franchise, there shall not be any gap in the
<br />coverages stated above, ensuring that LEVEL 3 is continuously insured in accordance with the terms
<br />hereof.
<br />Section 6. Other Permits & Approvals. Nothing in this agreement shall relieve LEVEL 3 from any
<br />obligation to obtain approvals or necessary permits from applicable federal, state, and COUNTY
<br />authorities for all activities in the franchise area.
<br />Section 7. Transfer of Ownership. The rights, privileges, benefits, title, or interest provided by this
<br />franchise shall not be sold, transferred, assigned, or otherwise encumbered, without the prior written
<br />consent of the COUNTY, with such consent not being unreasonably withheld or delayed. No such
<br />consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment or
<br />any rights, title, or interest in LEVEL 3's telecommunication cable system in order to secure indebtedness.
<br />Approval shall not be required for mortgaging purposes provided that the collateral pledged for any
<br />mortgage shall not include the assets of this franchise. Furthermore, consent shall not be required if such
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