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Right of Entry <br /> DSRSD Service Relocation Project <br /> Page 2 <br /> arising out of the performance of the work and activity described herein, to the extent caused <br /> by any negligent act or omission of the District, its officers, officials, employees, and agents, <br /> except where caused by the sole or active negligence, or willful misconduct of the Owner. <br /> 6. District shall require of all its contractors, consultants and others representing the District on <br /> the Property to maintain insurance in conformance with requirements of the District and as <br /> set forth in the respective contract documents, and for said insurance to name the Owner, its <br /> officials, employees and agents as additional insureds. District shall provide Owner with <br /> copies of such certificates of insurance. <br /> 7. District shall ensure that all work and other activities of its officers, employees, and agents, <br /> including its contractors and consultants, will comply with applicable federal, state, county <br /> and municipal laws, regulations and ordinances. <br /> 8. The work described for the Project shall at all times, except in an emergency, be scheduled <br /> and coordinated at least 24 -hours in advance with the activities of Owner. Owner and <br /> District shall reasonably cooperate to schedule work in a mutually advantageous manner. <br /> B. The effective date of possession under this Right of Entry shall be the date of execution by the <br /> undersigned, and this Right of Entry shall remain in effect for the earlier of: (a) one year; or (b) until such <br /> time as construction of the electrical conduit for which the Right of Entry is to be used is complete. <br /> C. The respective staffs of the District and the Owner are commencing and will cooperate to facilitate the <br /> process through which the City Council of the City of Pleasanton may authorize granting of a permanent <br /> easement, by separate instrument, to Pacific Gas and Electric Company for the operation and maintenance <br /> of the underground electric utilities being relocated underground pursuant to this Right of Entry. The <br /> District acknowledges that this Right of Entry is not a conveyance of any right, title, or interest in the <br /> Property, nor is it a waiver in any way of Owner's right to compensation for use of the Property or of any <br /> remedy authorized by law to secure payment therefor. Nonetheless, this Right of Entry is granted on the <br /> express understanding that either District or Owner will hereafter without unnecessary delay and at <br /> District's sole expense obtain an appraisal of the Property (or negotiate another means of determining <br /> appropriate terms of compensation for a permanent easement), subject to approval by their respective <br /> governing bodies. If such approval cannot be obtained, District will either undertake eminent domain <br /> proceedings to obtain the necessary property rights or arrange for the removal of the improvements. <br /> D. The undersigned declares that he /she has full authority to execute this Right of Entry and that no other <br /> approvals are necessary. <br /> E. This Right of Entry is binding upon any successors or assigns of interest in the Property hereby <br /> affected. <br /> 2 <br />