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2. make reasonable efforts to minimize disrupting the activities of <br />Company and shall discuss with Company the organization of the City's work in <br />the Right of Way so that the Company's operational needs can be reasonably met; <br />and . <br />3. work together with Company in good faith to determine whether it <br />would be feasible to relocate the Project within the Right of Way, and if so, make <br />reasonable efforts to find space within the Right of Way to which the Project may <br />be relocated. <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 Right of <br />Way and Company shall do nothing to impair the safety thereof. Company shall <br />not interfere with any existing City utility or other City system without the written <br />consent of City. No City utility or other City system shall be moved to <br />accommodate Company without City approval and unless the cost of such work is <br />borne by Company. Company shall support and protect all pipes, conduits, poles, <br />wires, or other underground structures affected by the excavation work, and shall <br />inform the City or other owner of such structures if any damage occurs to such <br />facilities during the conduct of its work. The expense of repairs of any damage to <br />City utility or City system shall be charged to Company. <br />b. 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 the Company, to ensure that <br />work by Company in the Right of Way will not affect the Right of Way, shall be at <br />the sole reasonable expense of Company. Moreover, nothing in this Agreement <br />shall affect the City's existing or future use of the Right of Way, including the <br />installation of any additional utility 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 fee is lawful and nondiscriminatory. <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 />a. General Liability and Bodily Injury Insurance. A comprehensive, <br />general liability insurance for at least $1,000,000 combined limit for bodily injury <br />and property damage and provide that City is a named additional insured under the <br />policy. The policy shall state in writing either on the Certificate of Insurance or <br />attached rider thereof that this insurance will operate as primary insurance for <br />work performed by Company and its subcontractors, and that no other insurance <br />effected by City or other named insured will be called on to cover a loss covered <br />Encroachment Agreement 4 <br />