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harmless from any fines or other punitive actions imposed on City arising from the Company's <br />actions due to the existence of the Project, excepting such fines arising out of the City's sole <br />negligence or willful misconduct. These indemnifications also shall apply to other improvements <br />made by Company located within or adjacent to the Right of Way which are affected by any work <br />performed by City or its representatives on the City's utilities or City's other uses within the Right <br />of Way. <br />6. REMOVAL OF PROJECT AND RESTORATION. <br />a. Notwithstanding Section 13.04.310 B of the Pleasanton Municipal Code, <br />Company shall, at its sole expense, remove the Project from the Right of <br />Way and shall restore, to the City's reasonable satisfaction, the Right of <br />Way and any adjacent property which has been affected by the Project to as <br />good a condition as they were in at the time of the construction of the <br />Project upon any of the following events: <br />1. the termination of this Agreement; <br />2. when the Project is reasonably determined by City to be in conflict <br />with work which must be done by City in the Right of Way or in <br />the vicinity of the Right of Way; or <br />3. when the Project is reasonably determined by City to be in conflict <br />with the City's needs or requirements. <br />b. If Company fails to remove the Project pursuant to the City's instructions <br />or if Company fails to restore, to the City's reasonable satisfaction, the <br />Right of Way or any adjacent property which has been affected by the <br />Project to as good a condition as they were in at the time of the <br />construction of the Project, City may cause the removal or abandonment of <br />the Project and the restoration of the Right of Way and any adjacent <br />property which has been affected by the Project. The removal or <br />abandonment of the Project and, if necessary, the restoration of the Right <br />of Way and any adjacent property, whether caused by Company and/or <br />City shall be at the sole expense of Company. If City causes the removal <br />or abandonment of the Project or, if necessary, the restoration of the Right <br />of Way or any adjacent property, City shall in no manner be liable to <br />Company for any damage sustained by Company for or on account thereof, <br />and such removal or restoration shall in no manner prejudice or impair any <br />right of action for damages, or otherwise, that City may have against <br />Company. <br />Electric Lightwave Encroachment Agreement 3 <br />