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restoration shall in no manner prejudice or impair any right of action for damages, <br />or otherwise, that City may have against Company. <br />d. Except under emergency circumstances, City shall make reasonable efforts to do <br />the following: <br />1. notify the Company by a minimum of thirty (30) days advance notice that <br />the Project will need to be removed; <br />2. make reasonable efforts to minimize disrupting the activities of Company <br />and discuss with Company the organization of the City's work in the Right <br />of Way so that the Company's operational needs can be reasonably met; <br />and <br />3. provide Company with an alternative route in the Right of Way. <br />7. NO INTERFERENCE WITH CITY'S OPERATION. <br />a. The Project shall be constructed, installed, and, at all times, maintained, repaired, <br />renewed and operated in such manner as to cause no interference whatsoever with <br />the constant, continuous and uninterrupted use of the Right of Way and Company <br />shall do nothing to impair the safety thereof. Company shall not interfere with any <br />existing City utility or other City system without the written consent of City. No <br />City utility or other City system shall be moved to accommodate Company without <br />City approval and unless the cost of such work is borne by Company. Company <br />shall support and protect all pipes, conduits, poles, wires, or other underground <br />structures affected by the excavation work, and shall inform the City or other <br />owner of such structures if any damage occurs to such facilities during the conduct <br />of its work. The expense of repairs of any damage to City utility or City system <br />shall be charged to Company. <br />b. The City's costs, as to design review, construction or maintenance of the Project or <br />of any other uses of the Right of Way, to ensure that work by any party in the <br />Right of Way will not affect the Right of Way shall be at the sole expense of <br />Company. Moreover, nothing in this Agreement shall affect the City's existing or <br />future use of the Right of Way, including the installation of any additional utility <br />conduits or any other uses by the City. <br />8. COMPENSATION. This Agreement does not prohibit City from enacting <br />legislation requiring Company to pay to City a fee to compensate City for the Company's use of <br />the Right of Way, provided such legislation and fees comply with all applicable state and federal <br />laws and/or regulations. <br />9. INSURANCE. During the term of this Agreement, Company shall maintain in full <br />force and effect at its own cost and expense the following insurance coverage: <br />MCImetro Encroachment Agreement 4 <br />