MCIMETRO ACESS TRANSPORTATION SERVICES / VERIZON

PiN eiN results from ENCROACHER's or its contractors' or subcontractors' acts or omissions shall be the responsibility of ENCROACHER. ENCROACHER shall complete all necessary repairs within thirty (30) days of notification by City Engineer. 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. SECTION 9 PARTICIPATION WITH OTHER UTILITIES 9.1 ENCROACHER agrees to cooperate in the planning, locating and constructing of its Network Facilities in utility joint trenches or common duct banks with other similar utilities providers and/or CITY projects, and to participate in cost-sharing for the joint trench and ducts, when other entities are proposing excavation in the same Public Right-of-Way or when an underground project is being planned by CITY. 9.2 The requirements of this section shall not apply when ENCROACHER's excavation work is due to an emergency or other maintenance or repair event that requires urgent action. SECTION 10 MAPS,RECORDS AND FIELD LOCATIONS 10.1 ENCROACHER shall maintain accurate maps and improvement plans of all Network Facilities located within the CITY. ENCROACHER shall, upon demand of the City Engineer and at ENCROACHER's sole expense, deliver to the office of the Public Works Department within thirty(30) days after such demand, such maps and plans as may be required to show in detail the exact location, size, depth, and description of all Network Facilities installed within the Public Rights-of-Way. ENCROACHER shall also submit the maps and plans to CITY in digital electronic format as specified by CITY. 10.2 ENCROACHER shall be a member of USA, the regional notification center for subsurface installations, and shall field mark, at its sole expense,the locations of its underground Network Facilities upon notification in accordance with applicable Laws including, without limitation,the requirements of Section 4216 of the State of California Government Code,as it now reads or may herein after be amended. 10.3 ENCROACHER shall provide books and records of its Network Facilities for copying and inspection by CITY, and ENCROACHER's Network Facilities shall be subject to such inspection by the CITY, as the CITY finds appropriate to request in the exercise of its rights under this Agreement and its jurisdiction over ENCROACHER. SECTION 11 HOLD HARMLESS AND INDEMNIFICATION }00053614;%1} -12-