TIME WARNER TELECOM - Laserfiche WebLink

tied t2Z8 t2V OTSPkd3 :01 ST : 60 66-LZ-TO 2. make reasonable efforts to minimize disrupting the activities of Company and shall discuss with Company the organization of the City's work in the Right of Way so that the Company's operational needs can be reasonably met; and . work together with Company in good faith to determine whether it would be feasible to relocate the Project within the Right of Way, and if so. make reasonable efforts to find space within the Right of Way to which the Proj ect may be relocated. 7. 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 of any damage to City utility or City system shall be charged to Company. b. The City's costs, as to design review,construction or maintenance Of the Project or of any other uses of the Right of Way by the Company, to ensure that work by Company in the Right of Way will not affect the Right of Way, shall be at the sole reasonable 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. 3. COMPENSATION. This Agreement does not prohibit City from enacting legislation requiring Company to pay to City a fee to compensate City for the Company's use of the Right of Way, provided such fee is lawful and nondiscriminatory. 9. 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 is a 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 Bncmxch ncrtc Agreemew 4 rT.. ec-s ftQ� ntS TF3 gT:60 66:'Z/t0 LO/SOd =QI t7Z : ST 66—LZ—TO