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11 <br />(d) Nothing in this Franchise shall be construed to prevent the City from constructing, <br />maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, <br />relocating and/or altering any Street; constructing, laying down, repairing, maintaining or <br />relocating any water mains; or constructing, maintaining, relocating, or repairing any <br />sidewalk or other public work. <br /> <br />3.2 Construction or Alteration. Grantee shall in all cases comply with applicable sections of <br />the City Code, City resolutions and City regulations regarding the acquisition of permits and/or <br />such other items as may be reasonably required in order to construct, alter or maintain the Cable <br />System. Grantee shall, upon request, provide information to the City regarding its progress in <br />completing or altering the Cable System. <br /> <br />3.3 Non-Interference. Grantee shall exert its best efforts to construct and maintain a Cable <br />System so as not to interfere with other use of Streets. Grantee shall, where possible in the case <br />of above ground lines, make use of existing poles and other facilities available to Grantee. When <br />residents receiving underground service or who will be receiving underground service will be <br />affected by proposed construction or alteration, Grantee shall provide such notice as set forth in <br />the permit or in City Code of the same to such affected residents. <br /> <br />3.4 Consistency with Designated Use. Notwithstanding the above grant to use Streets, no <br />Street shall be used by Grantee if the City, in its sole opinion, determines that such use is <br />inconsistent with the terms, conditions or provisions by which such Street was created or dedicated, <br />or presently used under Applicable Laws. <br /> <br />3.5 Undergrounding. <br /> <br />(a) Grantee shall place underground all of its transmission lines which are located or <br />are to be located above or within the Streets of the City in the following cases: <br /> <br />(i) all other existing utilities are required to be placed underground by statute, <br />resolution, policy or other Applicable Law; <br /> <br />(ii) Grantee is unable to get pole clearance; <br /> <br />(iii) underground easements are obtained from developers of new residential <br />areas; or <br /> <br />(iv) utilities are overhead but residents prefer underground (undergrounding <br />provided at cost paid by benefitted residents). <br /> <br />(b) If an ordinance is passed which involves placing underground certain utilities <br />including Grantee’s cable plant which is then located overhead, Grantee shall participate <br />in such underground project and shall remove poles, cables and overhead wires if <br />requested to do so and place facilities underground. The City and Grantee shall comply <br />with the provisions of Minn. Rules, Chapter 7819.3100 governing the relocation of <br />existing facilities. Nothing in this Franchise shall mandate that City provide <br />reimbursement to Grantee for the costs of such relocation and removal, and the Grantee <br />shall not seek damages or other compensation from the City for such compliance, unless