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4. NO INTERFERENCE WITH CITY'S OPERATION. a. Except as otherwise agreed by the Parties or as set forth in an Encroachment Permit,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 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 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 of providing design review, inspection, compliance and permit services relating to the Project or of any other proposed uses of the Right of Way by Company, shall, subject to applicable law, 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 for governmental purposes, including the installation of any additional utility conduits or any other uses by the City. 5. TERMINATION. This Agreement shall terminate if the Project is removed or abandoned, or if the Company is in default under this Agreement and does not cure such default within sixty(60) days of receipt of written notice of such default from City. Company may terminate this Agreement at any time upon thirty(30) days prior written notice to City. 6. RESTORATION AND RELOCATION. a. Upon termination of this Agreement 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 subject to the approval of the City Engineer within one hundred eighty (180) days of such termination(or such other time agreed to by the Parties), and shall 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. If, during the term of this Agreement,the City determines that the location of the Company facilities conflict or are likely to conflict with a City project involving improvement or realignment of City streets or the installation or repair of governmental utilities, and such conflict may require Company to relocate, rearrange or support the Company facilities,then City shall provide written notice to Company of such fact and Company shall, within one hundred eighty days (180) of receipt of written notice from City(except in cases of a public emergency and unless delayed by Force Majeure or ENCROACHMENT AGREEMENT FOR FIBER OPTIC TELEPHONE SYSTEM Page 3 of 6 CITY OF PLEASANTON AND LEVEL 3 COMMUNICATIONS