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2. Payment. Lumen shall make full payment to the City for the Work costs <br /> within 60 days after a written invoice has been provided by the City to Lumen. The <br /> invoice must include a description of the Work performed by the City's consultant or <br /> contractor. <br /> 3. Review of Plans and Specifications. Lumen will have the right to review <br /> plans and specifications for the Work that is the subject of this Agreement prior to the <br /> Work being performed. <br /> 4. Coordination. The City and Lumen acknowledge and agree that the Work <br /> may impact the operation of Lumen's business and the City and Lumen agree to use best <br /> efforts to coordinate the Work to avoid unreasonable interference or delay to the <br /> operation of Lumen's business. <br /> 5. Timeline for Work. The City will commence the Work on August 2, <br /> 2021. The Work will be completed on or before December 31, 2022. <br /> 6. No Relocation Request. The City agrees that it will not require Lumen to <br /> relocate the Lumen Facilities for a period of five years from the effective date of this <br /> Agreement. In the event that the City requires Lumen to relocate the Lumen Facilities <br /> prior to this five year period, the City shall be responsible for paying the relocation costs <br /> incurred by Lumen with respect to relocating the Lumen Facilities. <br /> 7. Term. This Agreement shall commence as of the date first written above <br /> and, unless terminated earlier as provided herein, shall remain in full force and effect <br /> until modified or amended by written agreement of the parties. <br /> 8. Remedies for Breach. In the event of a breach of this Agreement, a party <br /> may, upon 30 days written notice to the other party, take whatever action at law, in <br /> equity, or administratively that may appear necessary, appropriate, or desirable to <br /> specifically enforce performance and observance of any obligation, agreement, or <br /> covenant under this Agreement, or to collect damages for any amounts of money suffered <br /> as a result of a breach of this Agreement. <br /> 9. Indemnification. The City agrees to hold harmless, indemnify, and defend <br /> Lumen, its officers, employees, and agents against any and all claims, expenses, and <br /> liabilities incurred, including reasonable attorneys' fees, arising out of, or in any way <br /> related to, the acts or omissions of the City, its officials, employees, contractors, or agents <br /> in furtherance of its responsibilities under this Agreement. This provision shall not be <br /> deemed a waiver of any statutory immunities or liability limits available to the City under <br /> law. Lumen agrees to hold harmless, indemnify, and defend the City, its officials, <br /> employees, contractors, and agents against any and all claims, expenses, and liabilities <br /> incurred, including reasonable attorneys' fees, arising out of, or in any way related to, the <br /> acts or omissions of the Lumen, its officers, employees, contractors, or agents in <br /> furtherance of its responsibilities under this Agreement. <br /> NE136-24-718438.v3 2 <br />