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<br /> 3.1 The construction, operation, repair and maintenance of Network Facilities shall be
<br /> in accordance with all applicable Laws, including, without limitation, zoning laws, construction
<br /> codes and CITY's standard specifications and details,which are consistent with applicable Laws,
<br /> as the same may exist now, or be hereafter issued, amended or revised; and any supplements
<br /> thereto or revisions of this Agreement, and any franchise or other authorization now or in the
<br /> future. Nothing in this agreement prevents the CITY from establishing additional or stricter
<br /> conditions, consistent with applicable Laws, (even with respect to the matters specified in those
<br /> sections) and requiring ENCROACHER to comply with the same as a condition of
<br /> ENCROACHER's continued use. In the event of a conflict among codes and standards, the most
<br /> stringent code or standard,as determined in the sole judgment of the City Engineer consistent with
<br /> applicable Laws, shall apply.
<br /> 3.2 ENCROACHER shall at all times employ reasonable care, within the meaning of
<br /> applicable Laws, and shall install, maintain and use commonly accepted methods and devices for
<br /> preventing failures and accidents that may cause damage, injury or nuisance to the public.
<br /> 3.3 ENCROACHER shall construct, operate and maintain its Network Facilities so as
<br /> not to endanger or interfere with improvements CITY shall deem appropriate to make, consistent
<br /> with applicable Laws, or to interfere in any manner with the Public Right-of-Way or legal rights
<br /> of any property owner or to unnecessarily hinder or obstruct pedestrian or vehicular traffic.
<br /> ENCROACHER shall place Network Facilities in strict conformance with the plans and drawings
<br /> approved in writing by CITY, consistent with applicable Laws, and shall not place Network
<br /> Facilities, equipment or fixtures where they will interfere with any gas, electric, telephone,
<br /> telecommunications, water, sewer or other utility facilities or obstruct or hinder in any manner
<br /> such entity's use of any Public Right-of-Way. Any and all Public Rights-of-Way,public property
<br /> or private property that is disturbed or damaged by ENCROACHER in connection with the
<br /> construction,repair,replacement,relocation,operation,or maintenance of Network Facilities shall
<br /> be promptly repaired by ENCROACHER, to a condition equal to or better than that which existed
<br /> prior to the damage,in compliance with all applicable Laws and to the City Engineer's satisfaction,
<br /> consistent with applicable Laws. Should ENCROACHER fail,neglect or refuse to promptly make
<br /> such repairs, CITY shall have the right(but not the obligation) to elect to make such repairs at the
<br /> sole expense of ENCROACHER, which actual expense, including without limitation
<br /> administrative and actual legal costs,ENCROACHER agrees to pay CITY within ten(10)business
<br /> days of CITY's written demand for reimbursement.
<br /> 3.4 If the Public Right-of-Way to be used by ENCROACHER has preexisting
<br /> installation(s) placed in the said Public Right-of-Way, ENCROACHER shall assume the
<br /> responsibility to verify the location of the preexisting installation(s) and notify, consistent with
<br /> applicable Laws,CITY and any third party owner of ENCROACHER's proposed installation. The
<br /> cost of any work required of such third party owner or CITY to provide adequate space or required
<br /> clearance to accommodate ENCROACHER's installation shall, consistent with applicable Laws,
<br /> be borne solely by ENCROACHER. Except as required by applicable Laws, CITY is under no
<br /> obligation to move its existing utilities out of the way to accommodate or make room for
<br /> ENCROACHER's Network Facilities.
<br /> 3.5 Within ten (10) business days after its receipt of a written request from CITY,
<br /> ENCROACHER shall, at its sole cost and expense, expose its subsurface Network Facility by
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