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WOW*% s02%, of any damage to City utility or City system resulting from Company's acts or omissions shall be charged to Company. b. The City's reasonable costs, as to design review, construction or maintenance of the Project or of any other uses of the Right of Way by Company, to ensure that work by Company in the Right of Way will not affect the Right of Way shall be at the sole expense of Company. Moreover, nothing in this Agreement shall affect the City's existing or future use of the Right of Way, including the installation of any additional utility conduits or any other uses by the City. 7. INDEMNIFICATION. Company shall indemnify, defend and hold harmless City, its officers, employees, agents and contractors against and from any and all claims or suits for damages or injury arising from the Company's use of the Right of Way or from Company's breach or default of any obligation under this Agreement, excepting such claims or suits for damages or injury arising from the sole negligence or willful misconduct of City. Company shall also indemnify, defend and hold harmless City, its officers, employees, agents and contractors from all costs, reasonable attorneys' fees, expenses and liabilities related to any claim or any action nor proceeding with the scope of this indemnification and from any fines or other punitive actions imposed on City due to the existence of the Project, excepting such fines arising out of the City's sole negligence or willful misconduct. This indemnification and hold harmless provisions are in addition to Section 13.04.230 of the Pleasanton Municipal Code and survive termination of this Agreement. 8. INSURANCE. During the term of this Agreement, Company shall maintain in full force and effect at its own cost and expense the following insurance coverage: a. General Liability and Bodily Injury Insurance. A comprehensive, general liability insurance for at least $1,000,000 combined limit for bodily injury and property damage and provide that City, its officers, employees, agents and contractors are named additional insured under the policy. The policy shall state in writing either on the Certificate of Insurance or attached rider thereof that this insurance will operate as primary insurance for work performed by Company and its subcontractors, and that no other insurance effected by City or other named insured will be called on to cover a loss covered thereunder. b. Workers' Compensation Insurance. Workers' Compensation Insurance for all of Company's employees, all in strict compliance with State laws, and to protect City from any and all claims thereunder. C. Certificate of Insurance. Company shall complete and file a Certificate of Insurance with City prior to City's execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled,reduced in coverage or in limits without providing thirty(30) days prior written notice by certified mail, return receipt requested, has been given to City. In ENCROACHMENT AGREEMENT FOR FIBER OPTIC SYSTEM Page 4 of 5 CITY OF PLEASANTON AND EMC