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? <br />(1) Upon revocation of the Service Provider's consent to Occupy or Use the <br /> Right-of-Way; <br />(2) If the System or Facility was Constructed, Reconstructed, operated or <br /> maintained without the City's consent, except as otherwise provided by <br /> this Chapter; <br />(3) Upon abandonment of a Facility in the Right-of-Way of the City, with the <br /> exception of underground facilities abandoned in a manner authorized and <br /> approved by the City Engineer; <br />(4) If the System or Facility was Constructed or Reconstructed, ar any <br /> Excavation of a Right-of-Way was performed, without prior issuance of a <br /> required Construction Permit, except as otherwise provided by this <br /> Chapter; <br />(5) If the System or Facility was Constructed, Reconstructed, operated or <br /> maintained, or any Excavation of a Right-of-Way was performed, at a <br /> location not permitted pursuant to the City's consent for the Provider to <br /> Occupy or Use the Right-of-Way or Construction Permit; or <br />(6) If the Service Provider fails to comply with, or cure a violation of, a <br /> material requirement of this Chapter. <br />Notwithstanding the above, no Service Provider shall be required to remove unauthorized <br />Facilities or appurtenances from the Rights-of-Way if such requirement would be prohibited by <br />law. <br />(d) Emergencv Removal or Relocation of Facilities. Subject to applicable state and <br />federal law, the City retains the right and privilege to cut or move any Facilities, or stop work on <br />any Construction, Reconstruction, or Excavation, located in the Right-of-Way, as the City <br />Engineer may determine to be necessary, appropriate or useful in response to any need to protect <br />the public health, safety or welfare. <br />902.07 NOTICE OF WORK, ROUTINE MAINTENANCE AND EMERGENCY <br />W ORK. <br />(a) Notice of Work Required. A Service Provider or Contractor shall provide the <br />City with notice of work in the Right-of-Way, including Routine Maintenance, New Service <br />Orders and Emergency wark, under the following circumstances. Notice shall be given in the <br />manner determined by the City Engineer. <br />(1) Notice of Excavation in the Right-of-Way. <br />(A) A Service Provider or Contractar shall provide the C.ity Engineer <br />with notice no later than forty-eight (48) hours after commencing <br />any Excavation (including installation of a pole) in the Right-of- <br />W ay. <br />(B) A Service Provider or Contractor shall notify the Ohio Utility <br />Protection Service ("OUPS") in advance of any Excavation of the <br />Right-of-Way in accordance with Ohio law and OUPS regulations. <br />(2) Notice of Lane Obstruction or Closing of a Public Street. <br />(A) Lane Obstruction. For Routine Maintenance and New Service <br />Orders that require the Service Provider or Contractor to cause a <br />Lane Obstruction such that two vehicles may not pass in opposite <br />directions at the site of the Lane Obstruction the Service Provider <br />or Contractor shall provide the City Engineer and the Police <br />17 <br />512729-1 <br />