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"FRANCHISEE", shall relocate those facilities or structures designated by the COUNTY.
<br />The costs of moving or relocating "FRANCHISEE" facilities or structures, including but
<br />not limited to costs for design, engineering and construction is the responsibility of the
<br />"FRANCHISEE".
<br />Section 4. Franchise Compliance.
<br />A. Franchise Violations - The failure by "FRANCHISEE" to comply fully with any of the
<br />provisions of this Franchise Agreement may result in a written notice from the COUNTY
<br />which describes the violations of the franchise and requests remedial action within thirty
<br />(30) days of receipt of such notice. If "FRANCHISEE", has not attained full compliance at
<br />the end of the thirty (30) day period following receipt of the violation notification, the
<br />COUNTY may declare an immediate termination of all franchise rights and privileges;
<br />provided that full compliance was reasonably possible within that thirty (30) day period.
<br />The demonstration of due diligence on the part of "FRANCHISEE", may be grounds for
<br />the grant of an extension in the period during which compliance is to be attained;
<br />provided that, "FRANCHISEE", continues to pursue correction of any violations of the
<br />Franchise Agreement noted by the COUNTY.
<br />B. Emergency Actions - If any of "FRANCHISEE", actions, or any failure by
<br />"FRANCHISEE", to act to correct a situation caused by "FRANCHISEE", is deemed by
<br />the COUNTY to create a threat to life or property, the COUNTY may order
<br />"FRANCHISEE", to immediately correct said situation threat or, at the COUNTY's
<br />discretion, the COUNTY may undertake measures to correct said situation threat itself;
<br />provided that, when possible, the COUNTY shall notify "FRANCHISEE", of said threat
<br />and give "FRANCHISEE", an opportunity to correct said threat before undertaking such
<br />measures itself. "FRANCHISEE", 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 "FRANCHISEE", and shall
<br />further be liable for all costs, expenses, and damages resulting to the COUNTY from
<br />such situation and any reimbursement of such costs to the COUNTY shall be made
<br />within thirty (30) days of written notice of the completion of such action or determination
<br />of damages by the COUNTY. The failure by "FRANCHISEE", to take appropriate action
<br />to correct a situation caused by "FRANCHISEE", and identified by the COUNTY as a
<br />threat to public or private safety or property shall be considered a violation of franchise
<br />terms and each day that such a situation continues to exist and "FRANCHISEE", fails to
<br />take appropriate action to abate said 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 if "FRANCHISEE" (OR HIS
<br />SUCCESSORS), failure to comply with the provisions of this Franchise Agreement, to
<br />include but not limited to, the COUNTY's right to sue for specific performance and/or
<br />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, "FRANCHISEE", shall at his
<br />sole expense, promptly remove all telecommunications system components and facilities,
<br />provided that, the COUNTY, at its sole option, may allow "FRANCHISEE", to abandon its
<br />facilities in place.
<br />Section 6. Restoration of Right -of -Way. "FRANCHISEE" shall, after any installation, construction,
<br />relocation, maintenance, repair, abandonment approved under this franchise, or removal of its facilities
<br />from within the right-of-way, restore the surface of the right-of-way to at least the same condition in
<br />compliance with the right-of-way permit.
<br />Section 6. insurance. "FRANCHISEE" shall present such insurance deemed necessary by the Kittitas
<br />County Public Works Director. Insurance shall be maintained by the FRANCHISEE for the duration of the
<br />franchise agreement. The insurance policies obtained by the FRANCHISEE shall name the County (its
<br />elected and appointed officers, officials, employees, agents, and volunteers) as an additional insured with
<br />Telecommunicafions - FRANCHISE PAGE 3 OF 7
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