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following a 90 day notice to Company and if such increase is applied in a nondiscriminatory manner 2. COMPANY'S RESPONSIBILITIES. Company shall be responsible for the following: a. Obtain and maintain membership in an appropriate regional notification center(e.g., Underground Service Alert (USA)). b. Obtain an Encroachment Permit from the City for future work in the Right of Way related to the project, including repair and maintenance work. C. Any costs, including but not limited to any reasonable attorneys' fees, incurred by City at any time which are associated with Company's compliance with this Agreement shall be the sole responsibility of Company. Company shall pay any costs within 30 days of the date of an invoice from City detailing the costs incurred. d. After completion of all work, Company shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. While the Project is in the Right of Way and within one year after the Project has been removed, Company shall immediately repair and make good any damage to any portion of the Right of Way and any other affected area which the City reasonably determines would not have occurred had such work not been done. If Company fails to act promptly, or should the exigencies of the injury or damage require repairs or replacement to be made before Company can be notified or can respond to the notifications, City may, at its option, make the necessary repairs or replacement or perform the necessary work, and Company shall be charged with all the expenses reasonably incurred in the performance of the work. e. City shall at all times have access to the Project for inspection and monitoring purposes. f. Any 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. g. Unless otherwise approved by the City, no material shall be stored within five feet of a public street. In addition, excess earth materials from trenching or other operations shall be removed from the pavement, traveled way, or shoulder as the trench is backfilled or other work carried forward. 3. CITY'S NON-RESPONSIBILITY. City shall at no time and for no reason be responsible for the repair, maintenance or replacement of the Project or other improvements by Company. ENCROACHMENT AGREEMENT FOR FIBER OPTIC SYSTEM Page 2 of 5 CITY OF PLEASANTON AND EMC