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4. TERMINATION. This Agreement shall terminate if the Project is removed, relocated or abandoned. In addition, City may terminate this Agreement for any reason at the City's sole discretion by providing written notice to Company. 5. REMOVAL OF PROJECT AND RESTORATION. a. Upon termination and notwithstanding Section 13.04.310 B of the Pleasanton Municipal Code, Company shall, at its sole expense, abandon or remove the Project from the Right of Way. If determined by the City, Company shall also restore, to the City's reasonable satisfaction, the Right of Way and any adjacent property which has been affected by the Project to as good a condition as they were in at the time of the construction of the Project. b. Except under emergency circumstances in which the timeframe for the removal of the Project and the restoration of the Right of Way and any adjacent property shall be determined by City, within sixty(60) days after written notice has been sent by City to Company, Company shall remove the Project and restore the Right of Way and any adjacent property. C. If Company abandons the Project, fails to remove the Project pursuant to this Agreement or the City's instructions, or fails to restore, to the City's reasonable satisfaction, the Right of Way or any adjacent property which has been affected by the Project to as good a condition as they were in at the time of the construction of the Project, City may cause the removal or abandonment of the Project and the restoration of the Right of Way and any adjacent property which has been affected by the Project. The removal or abandonment of the Project and, if necessary, the restoration of the Right of Way and any adjacent property, whether caused by Company and/or City shall be at the sole expense of Company. If City causes the removal or abandonment of the Project or, if necessary, the restoration of the Right of Way or any adjacent property, City shall in no manner be liable to Company for any damage sustained by Company for or on account thereof, and such removal or restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that City may have against Company. 6. NO INTERFERENCE WITH CITY'S OPERATION. a. The Project shall be constructed, installed, and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the Right of Way and Company shall do nothing to impair the safety thereof. Company shall not interfere with any existing City utility or other City system without the written consent of City. No City utility or other City system shall be moved to accommodate Company without City approval and unless the cost of such work is borne by Company. Company shall support and protect all pipes, conduits,poles, wires, or other underground structures affected by the excavation work, and shall inform the City or other owner of such structures if any damage occurs to such facilities during the conduct of its work. The expense of repairs ENCROACHMENT AGREEMENT FOR FIBER OPTIC SYSTEM Page 3 of 5 CITY OF PLEASANTON AND EMC