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C. City makes no representation or guaranty that its interest in the Right of Way is sufficient to accommodate the Project, and LAVTA shall be deemed to gain only those rights to use the Right of Way that the City has the undisputed right to give. d. LAVTA acknowledges that installation of the Project Facilities in the Right of Way is at the sole discretion of the City. Neither this Agreement nor anything done by LAVTA shall create a vested right of LAVTA to utilize the Right of Way or to extend or expand the Project Facilities once installed. 2. LAVTA'S RESPONSIBILITIES. a. LAVTA shall at its sole expense maintain the Project Facilities. b. LAVTA's maintenance responsibilities shall include, but are not limited to, the inspection, cleaning, maintenance, repair, and replacement of the Project Facilities and trash removal at the Project Facilities ("maintenance"). LAVTA shall exercise reasonable care in maintaining the Project Facilities and property affected by the Project Facilities. Maintenance shall be done as frequently as reasonably necessary to maintain the Project Facilities in a neat and attractive condition, provided that trash removal shall be done at least weekly. C. If, within thirty (30) days after written notice has been sent to LAVTA, LAVTA fails, in the reasonable judgment of the City Engineer, to properly maintain the Project Facilities or maintain the Right of Way or any adjacent property which has been affected by the Project Facilities in as good a condition as they were in at the time of the construction of the Project Facilities, City may perform such maintenance at LAVTA's expense, and LAVTA shall pay City all expenses reasonably incurred in the performance of the work. d. LAVTA shall pay to City all charges incurred by City for electricity associated with the Project. e. LAVTA shall obtain from City an Encroachment Permit for future work in the Right of Way related to the Project, including, but not limited to, maintenance of the Project Facilities that affects pedestrian or vehicular traffic. LAVTA and the City Engineer shall work together to determine if a single Encroachment Permit can be used for routine work with standardized lane closures or other requirements. f. LAVTA shall ensure that City shall at all times have access to the Project Facilities for inspection and monitoring purposes. g. LAVTA shall ensure that all work or use done under the Encroachment Permit shall conform to the standards and specifications established by the City. In the absence of specific standards and specifications, recognized standards of construction or approved practices shall govern the work or use. BUS SHELTER ENCROACHMENT AND MAINTENANCE AGREEMENT CITY OF PLEASANTON AND LAVTA Page 2 of 6 1940106.1