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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 Wav. <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, abandon or remove the Project from the <br />Right of Way and shall restore, to the City's reasonable satisfaction, the <br />Right of Way and 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 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, provided that such obligations to <br />abandon or remove the Project shall be limited to the portions of <br />the Project conflicting with the City's work; 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 abandons the Project, fails to remove the Project pursuant to <br />the City's instructions, or fails to restore, to the City's reasonable <br />satisfaction, the Right of Way or any adjacent property which has been <br />affected by the Project to as good a condition as they were in at the time of <br />the construction of the Project, City may cause the removal or <br />abandonment of the Project and the restoration of the Right of Way and <br />any adjacent property which has been affected by the Project. The removal <br />or abandonment of the Project and, if necessary, the restoration of the <br />Right of Way and any adjacent property, whether caused by Company <br />and/or City shall be at the sole expense of Company. If City causes the <br />removal or abandonment of the Project or, if necessary, the restoration of <br />the Right of Way or any adjacent property, City shall in no manner be liable <br />to Company for any damage sustained by Company for or on account <br />thereof, and such removal or restoration shall in no manner prejudice or <br />impair any right of action for damages, or otherwise, that City may have <br />against Company. <br />I~:ncroachment Agreement <br />