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335 direction, relocate immediately upon a request from city in situations described in subsections (b) and (c) below and upon five (5) business days' prior written notice in all others at Metricom's sole cost and expense, a Radio whenever City reasonably determines that the relocation is needed: (a) to facilitate or accommodate the construction, completion, repair, relocation or maintenance of a City project, (b) because the Radio is interfering with or adversely affecting proper operation of City light poles, traffic signals or other City facilities, or (c) to protect or preserve the public health, safety, or welfare. 5.Z In the event Metricom desires to relocate any Radios from one City-owned pole to another, Metricom shall so advise City. city will use its best efforts to accommodate Metricom by making another functionally equivalent city-owned pole available for use in accordance with and subject to the terms and conditions of this Franchise. 5.3 In the event that any Radio subject to this Franchise is abandoned and no longer placed in service for a period-of six (6) months or more, Metricom promptly shall notify the city, and the City, at its option, may promptly remove the abandoned Radio(s) at Metricom's sole cost and expense or dedicate the same to the city. The City shall not issue notice to Metricom that the City intends to exercise the option to require removal or dedication of Radios, unless and until the City first gives fifteen (15) days' prior written notice to Metricom to remove the Radios. If Metricom shall fail to remove the Radios as required by the City, the City shall be entitled to remove the Radios at Metricom's sole cost and expense. Metricom shall execute such documents of title as will convey all right, title, and interest in the abandoned Radios to the city. 5.4 Whenever the removal or relocation of Radios is required under this Franchise, and such removal or relocation shall cause the street light pole or other part of the Public Right-of-Way to be damaged, or if the weight of the Radios on any street light pole causes any damage, Metricom, at its sole cost and expense, promptly shall repair and return the street light pole or other part of the Public Right-of-Way, in which the Radios are located, to a safe and satisfactory condition in accordance with applicable Laws. If Metricom does not return the affected site to a safe and satisfac- tory condition, then the City shall have the option to perform or cause to be performed such reasonable and necessary work on behalf of Metricom and charge Metricom for the proposed costs to be incurred or the actual costs incurred by the City. Upon the receipt of a demand for payment by the City, Metricom shall reimburse the City for such costs. 6. CONSTRUCTION PERMIT 6.1 In the event that the attachment, installation, opera- 8