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Notices shall be deemed to have been received by the end of <br /> five (5) business days from the proper sending thereof unless <br /> proof of prior actual receipt is provided. <br /> 6 . REMOVAL, RELOCATION OR ADJUSTMENT OF THE ROADWAY LIGHTING <br /> a. The PARTIES agree that the IMPROVEMENTS addressed by <br /> this AGREEMENT may be removed, relocated or adjusted at <br /> any time in the future, at the DEPARTMENT' s sole <br /> discretion. In the event that the DEPARTMENT relocates <br /> or adjusts the roadway lighting system, the CITY' s <br /> maintenance responsibilities will survive the <br /> relocation or adjustment, as long as the materials <br /> remain within the PROJECT LIMITS. <br /> b. In the event that the DEPARTMENT is required to replace <br /> the roadway lighting system at any time as part of <br /> maintenance activities, a roadway project, or related <br /> construction activities, the DEPARTMENT shall replace <br /> the roadway lighting system with a standard lighting <br /> system, and the CITY' s maintenance obligations under <br /> this AGREEMENT shall terminate. However, the CITY may, <br /> with the approval of the DEPARTMENT, upgrade the roadway <br /> lighting system at its sole cost and expense with the <br /> understanding that the CITY shall assume all maintenance <br /> obligations for the upgraded roadway lighting system, <br /> and enter into a new maintenance agreement . <br /> 7 . TERMINATION <br /> In addition to the provisions of Section 6 (b) hereunder, this <br /> AGREEMENT is subject to termination under any one of the <br /> following conditions : <br /> a . By the DEPARTMENT, if the CITY fails to perform its <br /> duties under Section 3 of this AGREEMENT, following the <br /> thirty (30) days written notice, as specified in Section <br /> 4 of this AGREEMENT. <br /> b. In accordance .with Section 287 . 058 (1) (c) , Florida <br /> Statutes, the DEPARTMENT shall reserve the right to <br /> unilaterally cancel this AGREEMENT if the CITY refuses <br /> to allow public access to any or all documents, papers, <br /> letters, or other materials made or received by the CITY <br /> pertinent to this AGREEMENT unless the records are <br /> Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach <br /> Page 6 of 13 <br />