IXC COMMUNICATIONS SERVICES INC - Laserfiche WebLink

or any action or proceeding within the scope of this indemnification, excepting such claims or suits arising out of the City's sole negligence or willful misconduct. Company shall also indemnify, defend and hold City harmless from any fines or other punitive actions imposed on City arising from the Company's actions due to the existence of the Project, excepting such fines arising out of the City's sole negligence or willful misconduct. These indemnifications also shall apply to other improvements made by Company located within or adjacent to the Right of Way which are affected by any work performed by City or its representatives on the City's utilities or City's other uses within the Right of Way. 6. REMOVAL OF PROJECT AND RESTORATION. a. 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 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 upon any of the following events: l . the termination of this Agreement; 2. when the Project is reasonably determined by City to be in conflict with work which must be done by City in the Right of Way or in the vicinity of the Right of Way; or 3. when the Project is reasonably determined by City to be in conflict with the City's needs or requirements. b. If Company abandons the Project, fails to remove the Project pursuant to 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. Encroachment Agreement 3