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venturer, or affiliate of MCI, now or hereinafter existing, by only providing notice to City of <br />such assigmnent. <br />25. This Agreement contains the entire understanding between the parties with <br />respect to the subject matter herein. There are no representations, agreements or understandings <br />(whether oral or written) between or among the parties relating to the subject matter of this <br />Agreement which are not fully expressed herein. This Agreement may not be amended except <br />pursuant to a written instrument signed by all parties. <br />SEVERABILITY <br />27. If any one or more of the covenants or agreements or portions thereof provided in <br />this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be <br />void, voidable or unenforceable, such covenant or covenants, such agreement or agreements, or <br />such portions thereof shall be null and void and shall be deemed separable from the remaining <br />covenants or agreements or portions thereof and shall in no way affect the validity or <br />enforceability of the remaining portions of this Agreement. <br />THIlZD-PARTY MODIFICATIONS <br />28. This Agreement shall be subject to such changes or modifications as may be <br />required or authorized by any regulatory commission in the exercise of its lawful jurisdiction. <br />TERMINATION <br />29. Upon termination of the Agreement, and upon written request by City, MCI, at its <br />own cost and expense, agrees to remove or, at City's discretion, abandon in place, some or all of <br />its Fiber Optic Network Facilities from the Public Right-of--Way and restore the Public Right-of- <br />Way as set forth in the Removal and Relocation provisions of this Agreement. Should MCI in <br />such event fail, neglect or refuse to make such removals or restoration within one hundred <br />twenty (120) days of City's written request, at the sole option of City, such removal and <br />restoration may be performed by City at the expense of MCI, which expense MCI agrees to pay <br />to City upon demand. <br />NOTICE <br />30. MCP s Network Operations Control center shall be available to City staff 24 hours <br />a day, 7 days a week, regarding problems or complaints resulting from the Fiber Optic Network <br />Facilities installed pursuant to this Agreement and maybe contacted by telephone at: <br />National Fiber Security <br />7000 Weston Parkway 6/629 <br />Cary, NC 27513 <br />1-800-MCI-WORK <br />Encroachment Agreement Page 10 of 12 <br />Rev: 11!30194, 11/13/95 <br />