ELECTRIC LIGHTWAVE - Laserfiche WebLink

compliance with this Agreement shall be the sole responsibility of Company. Company shall pay any costs within 30 days of the date of an invoice from City detailing the costs incurred. b. City shall at all times have access to the Project. c. After completion of all work, Company shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. While the Project is in the Right of Way and within one year after the Project has been removed, Company shall repair and make good any injury or damage to any portion of the Right of Way and any other affected area which would not have occurred had such work not been done. Company shall, upon notice from City, immediately repair any injury, damage or nuisance, in any portion of the Right of Way resulting from the Project's construction, installation, maintenance, or removal. If Company fails to act promptly, or should the exigencies of the injury or damage require repairs or replacement to be made before Company can be notified or can respond to the notifications, City may, at its option, make the necessary repairs or replacement or perform the necessary work, and Company shall be charged with all the expenses incurred in the performance of the work. d. Any work or use done under the Encroachment Permit shall conform to the standards and specifications established by the City. In the absence of specific standards and specifications, recognized standards of construction or approved practices shall govern the work or use. e. Unless otherwise approved by the City, no material shall be stored within five feet of a public street. In addition, excess earth materials from trenching or other operations shall be removed from the pavement, traveled way, or shoulder as the trench is backfilled or other work carried forward. 4. CITY'S RESPONSIBILITIES. City shall at no time be responsible for the repair or replacement of the Project or other improvements by Company. 5. INDEMNIFICATION. Company shall indemnify and hold City harmless against and from any and all claims or suits for damages or injury including but not limited to, the Project or any structures, foundations, or other improvements of Company, arising from the Company's use of the Right of Way or from any activity, work or thing done, permitted or suffered in or about the Right of Way, excepting such claims or suits for damages or injury arising from the sole negligence or willful misconduct of City. Company also shall indemnify, defend and hold City harmless against and from any and all claims or suits arising from any breach or default of any performance of any obligation of Company under this Agreement, and against and from all costs, reasonable attorney's fees, expenses and liabilities related to any claim 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 Electric Lightwave Encroachment Agreement 2