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2. Grant. The City hereby grams to Level 3 the nonexclusive right, privilege, and license for the Construction, Maintenance, and Removal of the Facilities under any and all Public Ways during the Term. Both parties recognize that said grant does not authorize Level 3 to provide cable television services or open video services, as defined pursuant to 47 U.S.C. Section 573, within the corporate limits of the City. Except as otherwise provided in this Agreement, Level 3 shall bear the entire cost and expense of all Construction, Maintenance, and Removal of the Facilities and Level 3 shall hold the City harmless thereon. The route shall be as set out in the map attached hereto as Exhibit A and incorporated herein, unless otherwise amended in writing signed by both parties. 3. Construction. Level 3 may effect Construction of the Facilities (or any part thereof) on the Public Ways only after approval thereof has been given, or deemed given, by the City Director of Public Works, which approval shall not be unreasonably withheld. The City Director of Public Works shall notify Level 3 in writing of his or her approval or disapproval of the proposed construction of the Facilities in the Public Ways within forty-five (45) days after delivery by Level 3 to the City Director of Public Works of plans and specifications therefor. Level 3 agrees that Construction of the Facilities in the Public Ways shall be done in such locations and in such manner so as not to unreasonably interfere with existing water, gas, sewer pipe, traffic signal, street light and other utilities and conduits in the Public Ways. All Construction shall be underground. Level 3 shall comply with all reasonable directions of the City Director of Public Works in connection with Construction of the Facilities. The City Director of Public Works shall have full access to all portions of the Facilities and may issue stop work orders and corrective orders to prevent unauthorized work; provided, however, that the Director shall first provide Level 3 reasonable notice prior to such access and allow a Level 3 employee or agent to accompany the Director at the time of such access. Unless this Agreement provides otherwise, Level 3 may construct, maintain and/or remove Facilities necessary to provide services to its customers or to interconnect with other telecommunications provider facilities without prior consent from the City, but Level 3 will obtain all necessary permits and authorizations from the City Director of Public Works prior to commencing any Construction; Removal; or Maintenance which disturbs or blocks vehicular traffic in the Public Ways. 4. Maintenance and Safety Requirements. Level 3 shall: (a) At all times employ the highest degree of care and shall use commonly accepted methods and devices for preventing failures and accidents which are -2-