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unless another time period is agreed to by the parties), do any and all things to effect such change in position or location at Company's sole cost. Such notice from City will specify in reasonable detail the work to be done by Company, the time frame for completion of such work requested by City and shall identify a suitable alternate location for the placement of the Company facilities if available. The City and Company shall cooperate in good faith to identify and coordinate the work necessary to minimize the impact of the City work on the Project. In the event of a public emergency, City shall provide as much notice of the conflict as is possible under the circumstances. For purposes of this Section, a public emergency shall be any condition which, in the opinion of the City Manager, Mayor, City Engineer, Police Chief or Fire Chief, or their authorized representatives, poses an immediate threat of substantial harm to life, health or property. In the event that a suitable alternate location is not available for the Project in the public right of way and the City and Company are unable to identify a feasible alternative to relocation within the 180 day period (including, but not limited to, increasing the depth of the facilities,protecting the facilities in place or making reasonable modifications to the City's proposed project), then City may terminate this Agreement solely with respect to the portion of the public right of way affected by the City's proposed project and require Company to remove its facilities upon sixty(60) days prior written notice to Company. C. If Company fails to remove the Project when such removal is required pursuant to Sections 6a or 6b of this Agreement, or fails to restore, to the City's reasonable satisfaction,the Right of Way or any adjacent property which has been damaged 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 of the Project and the restoration of the Right of Way and any adjacent property which has been damaged by the Project and Company shall be responsible for all the expenses reasonably incurred in the performance of the work. 7. INDEMNIFICATION. Company shall indemnify, defend and hold harmless City, its officers, employees,agents and contractors against and from fines or penalties imposed on the City by other governmental agencies and 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. 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. Comprehensive, general liability insurance for at least$1,000,000 combined limit for bodily injury and property damage and provide that City is an additional insured under the policy. The policy 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 ENCROACHMENT AGREEMENT FOR FIBER OPTIC TELEPHONE SYSTEM Page 4 of 6 CITY OF PLEASANTON AND LEVEL 3 COMMUNICATIONS