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c. Except under emergency circumstances, City shall make reasonable efforts <br />to do the following: <br />1. notify the Company by a minimum of sixty (60) days advance <br />notice that the Project will need to be removed; and <br />2. make reasonable efforts to minimize disrupting the activities of <br />Company and shall discuss with Company the organization of the <br />City's work in the Right of Way so that the Company's operational <br />needs can be reasonably met. <br />7. NO INTERFERENCE WITH CITY'S OPERATION. <br />a. The Project shall be constructed, installed, and, at all times, maintained, <br />repaired, renewed and operated in such manner as to cause no interference <br />whatsoever with the constant, continuous and uninterrupted use of the <br />Right of Way and Company shall do nothing to impair the safety thereof. <br />Company shall not interfere with any existing City utility or other City <br />system without the written consent of City. No City utility or other City <br />system shall be moved to accommodate Company without City approval <br />and unless the cost of such work is borne by Company. Company shall <br />support and protect all pipes, conduits, poles, wires, or other underground <br />structures affected by the excavation work, and shall inform the City or <br />other owner of such structures if any damage occurs to such facilities <br />during the conduct of its work. The expense of repairs of any damage to <br />City utility or City system resulting from Company's acts or omissions shall <br />be charged to Company. <br />The City's costs, as to design review, construction or maintenance of the <br />Project or of any other uses of the Right of Way by Company, to ensure <br />that work by Company in the Right of Way will not affect the Right of Way <br />shall be at the sole expense of Company. Moreover, nothing in this <br />Agreement shall affect the City's existing or future use of the Right of Way, <br />including the installation of any additional utility` conduits or any other uses <br />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 regulations. <br />Encroachment Agreement 4 <br />