3. Construction and maintenance of the cable system.

New grades or lines. If the grades or lines of any public way within the franchise area are lawfully changed at any time during the term of this franchise agreement, then the grantee shall, upon reasonable advance written notice from the franchising authority (which shall not be less than 10 business days) and at its own cost and expense, protect or promptly alter or relocate the cable system, or any part thereof, so as to conform with any such new grades or lines. If public funds are available to any person using such street or public right-of-way for the purpose of defraying the cost of any of the foregoing, the franchising authority shall upon written request of the grantee make application for such funds on behalf of the grantee.

Relocation at request of third party. The grantee shall, upon reasonable prior written request of any person holding a permit issued by the franchising authority to move any structure, temporarily move its wires to permit the moving of such structure; provided, (i) the grantee may impose a reasonable charge on any person for the movement of its wires, and such charge may be required to be paid in advance of the movement of its wires; and (ii) the grantee is given not less than 10 business days advance written notice to arrange for such temporary relocation.

Restoration of public ways. If in connection with the construction, operation, maintenance, or repair of the cable system, the grantee disturbs, alters, or damages any public way, the grantee agrees that it shall at its own cost and expense replace and restore any such public way to a condition reasonably comparable to the condition of the public way existing immediately prior to the disturbance.

Safety requirements. The grantee shall, at its own cost and expense, undertake all necessary and appropriate efforts to maintain its work sites in a safe manner in order to prevent failures and accidents that may cause damage, injuries or nuisances. All work undertaken on the cable system shall be performed in substantial accordance with applicable FCC or other federal and state regulations. The cable system shall not unreasonably endanger or interfere with the safety of persons or property in the franchise area.

Trimming of trees and shrubbery. The grantee shall have the authority to trim trees or other natural growth overhanging any of its cable system in the public way so as to prevent contact with the grantee's wires, cables, or other equipment. The grantee will notify the franchising authority in advance of any trimming, except in an emergency situation that requires immediate action. All such trimming shall be done at the grantee's sole cost and expense. The grantee shall be responsible for any damage caused by such trimming.

Aerial and underground construction. If all of the transmission and distribution facilities of all of the respective public or municipal utilities in a particular area of the franchise area are underground, the grantee shall place its cable systems' transmission and distribution facilities underground; provided, that such underground locations are actually capable of accommodating the grantee's cable and other equipment without technical degradation of the cable system's signal quality. In any region(s) of the franchise area where the transmission or distribution facilities of the respective public or municipal utilities are both aerial and underground, the grantee shall have the discretion to construct, operate, and maintain all of its transmission and distribution facilities, or any part thereof, aerially or underground. Nothing in this section shall be construed to require the grantee to construct, operate, or maintain underground any ground-mounted appurtenances such as customer taps, line extenders, system passive devices, amplifiers, power supplies, pedestals, or other related equipment.