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bond running to the City, with good and sufficient surety, in the penal amount of one hundred thousand dollars ($100,000.00). This performance bond shall be conditioned upon Level Ys agreement to well and truly observe, fulfill and perform each term and condition of this Agreement. In case of any breach of condition of the performance bond, the amount thereof shall be recoverable from the principal and sureties by the City for all damages proximately resulting from the failure of Level 3 to well and faithfully observe and perform any provisions of this Agreement. The performance bond referred to in this Section 17 shall contain an endorsement stating that the performance bond is extended to cover the liability of Level 3 under the terms of this Agreement and shall further provide that the performance bond is not cancelable, that a renewal shall not be denied, and that coverage shall not be reduced, until a timely and satisfactory inspection of the completed project is made by the City or sixty (60) days has passed from the date notice was given to the City indicating completion of the project without an inspection. Upon Level 3 giving written notice to the City of completion of construction of its facilities, the performance bond may be reduced to ten thousand dollars ($10,000.00), provided that on such reduction date there are no claims of any type outstanding at such time asserted against Level 3 or the City, arising out of any acts or omissions of Level 3 or its contractors. The form of the performance bond must be approved by the City Attorney, and the bond shall be filed and maintained with the City Manager during the Term. Any person may execute on the aforesaid performance bond to collect any judgment entered in favor of the person and against Level 3 for breach or failure to perform any provision of this Agreement. 18. Assio~nment or Use By Another. Level 3 may assign or otherwise transfer this Agreement or the license herein granted to an unaffiliated provider only upon prior written consent by the City, which consent shall not be unreasonably withheld or delayed. Even' quarter, with the compensation payment required in Section 10, Level 3 shall provide the City. with a list of any and all persons using the Facilities to provide wholesale or resale services. 19. Force Majeure. The time of performance of any duty or obligation of City or Level 3 hereunder (except with respect to the payment of fees, charges and other amounts payable by Level 3 to City hereunder) shall be extended for the period during which performance was delayed or impeded by reason of strikes, lock outs, inability to procure materials or building permits, failure of power, restrictive governmental laws or regulations, riots, insurrections. war. fire, casualty., earthquake, acts of God, or other reasons of a like nature not the fault of the party performing such duty or obligation. -I0-