MCIMETRO ACESS TRANSPORTATION SERVICES / VERIZON

Agreement shall not alter or limit ENCROACHER's obligations to indemnify CITY under any provision of this Agreement. 7.2 So long as the cash deposit or bond is in place, it may be utilized by the CITY as provided herein for reimbursement of the CITY by reason of ENCROACHER's failure to pay the CITY for actual costs and expenses incurred by the CITY with respect to removal under this Agreement. 7.3 In the event ENCROACHER has been declared by the CITY to be in default of a material provision of this Agreement relating to removal and if ENCROACHER fails,within thirty (30) days of mailing of the CITY's default notice, to perform any of the conditions of this Agreement with respect to removal, or fails to begin to perform any such condition that may take more than thirty(30)days to complete,CITY may thereafter obtain from the cash deposit or bond, after proper claim is made to the surety, an amount sufficient to compensate the CITY for its damages. Upon such withdrawal from the cash deposit or bond, the CITY shall notify ENCROACHER in writing, by First Class Mail, postage prepaid, of the amount withdrawn and the date thereof. If the cash deposit or bond amount is insufficient to compensate CITY for its damages, CITY shall be immediately entitled to recover the shortfall from ENCROACHER. 7.4 Thirty (30) days after the CITY's mailing of notice of the cash deposit or bond forfeiture or withdrawal authorized herein, ENCROACHER shall deposit such further cash or bond, or other security, as the CITY may require, which is sufficient to meet the requirements of this Agreement. 7.5 The rights reserved to the CITY with respect to any cash deposit or bond are in addition to all other rights of the CITY whether reserved by this Agreement or authorized by Law, . and no action, proceeding, or exercise of a right with respect to any cash deposit or bond shall constitute an election or waiver of any rights or other remedies the CITY may have. SECTION 8 DAMAGE TO FACILITIES IN PUBLIC RIGHT-OF-WAY 8.1 ENCROACHER shall be responsible for any damage to CITY street pavements, existing utilities, curbs, gutters, sidewalks and all other public or private facilities that arises in connection with its or its contractors' or subcontractors' construction, operation, installation, maintenance, repair or removal of its Network Facilities in Public Right-of-Way, and shall repair, replace and restore in kind the damage at its sole expense upon the City's written notice. In the event ENCROACHER fails to repair,replace or restore any damage within the timelines specified in any CITY notification, subject to force majeure events or events beyond the control of ENCROACHER, CITY may cause the same to be done at the sole expense of ENCROACHER, and ENCROACHER shall promptly reimburse the City for any and all expenses,including but not limited to administrative, legal and consultant costs, within ten (10) business days after receiving an invoice from the City. 8.2 Any premature deterioration of surface and subsurface improvements, such as pavement or concrete over Network Facility or trench or adjacent area, or reduction in the life of the Public Right-of-Way as determined by City Engineer, normal wear and tear excepted, which {00053614;%11 -11-