MCIMETRO ACESS TRANSPORTATION SERVICES / VERIZON

raN potholing (digging a test hole) to a depth of one foot (1') below the bottom of such Network Facility. If ENCROACHER fails to perform the potholing, CITY may (but shall not have the obligation to) proceed on ENCROACHER's account and ENCROACHER shall promptly reimburse CITY for the cost of same, including without limitation administrative and actual legal costs, and CITY is hereby held harmless and indemnified by ENCROACHER for any loss and/or damages resulting from the CITY's performance of the required work. 3.6 Any contractor or subcontractor used for the construction, installation, operation, maintenance or repair of any Network Facilities shall be properly licensed under applicable Laws, including without limitation all applicable local ordinances, and each contractor or subcontractor shall have the same obligations with respect to its work as ENCROACHER would have under this Agreement and applicable Laws as if the work were performed by ENCROACHER. ENCROACHER shall be responsible for the performance of the work of contractors and subcontractors consistent with the requirements of this Agreement and applicable Laws, including all acts or omissions of contractors or subcontractor, and ENCROACHER shall implement a quality control program, which shall be submitted to CITY, subject to approval by the City Engineer consistent with applicable Laws,prior to the commencement of any work to monitor that the work is properly performed. The quality control program shall include the name,position and contact information for the lead contractor and/or subcontractor responsible for performing the work. This section is not meant to alter tort liability of ENCROACHER to third parties. 3.7 All work performed by or for ENCROACHER in connection with this any Network Facilities shall be performed: (1) in accordance with the terms and conditions in this Agreement; (2) at ENCROACHER's sole cost and expense, and at no cost to CITY; (3) only by qualified, trained, experienced and appropriately licensed contractors or ENCROACHER's agents, employees, contractors, subcontractors or other personnel; (4) in a manner and with equipment and materials that will not interfere with or impair CITY's municipal operations in,under, above, on or about the Public Rights-of-way; (5)in a safe, diligent, skillful and workmanlike manner; and (6) in compliance with all applicable Laws, which includes without limitation all applicable provisions in the Pleasanton Municipal Code and any conditions in any required permits or approvals, which are consistent with applicable Laws. CITY shall have the right to require that ENCROACHER remove from the job any person that fails to comply with this Section. 3.8 ENCROACHER shall identify the Network Facilities installed in each Public Right—of-Way as in compliance with the Underground Service Alert law as set forth in Section 10.2 below. To prevent conflicts between ENCROACHER'S Network Facilities and public facilities in the same location, ENCROACHER shall notify Underground Service Alert of the location of the Facilities for the benefit of future construction projects which may need to be aware of the presence of the Network Facilities within the Public Right-of-Way. SECTION 4 SERVICE CHANGES 4.1 ENCROACHER hereby represents and warrants that: (1) it has any and all authorizations and approvals from state and federal regulatory agencies including the California Public Utilities Commission and the Federal Communications Commission as are necessary for the activities and Network Facilities contemplated by the Agreement, and is in compliance in all {00053614;%1} -6-