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necessary work, and HOA shall be charged with all the expenses reasonably incurred in the <br /> performance of the work. <br /> b. Any work or use done by HOA, its employees or agents in the Right of Way or <br /> EVA shall conform to the standards and specifications established by the City. In the absence of <br /> specific standards and specifications, recognized standards of construction or approved practices <br /> shall govern the work or use. <br /> c. The Project shall comply with those provisions of Pleasanton Municipal Code <br /> Chapter 13.04 Encroachments as reasonably required by the City Engineer, except that the <br /> parties expressly acknowledge that a formal encroachment permit is not required. <br /> d. Relocation, removal or abandonment of the Project due to conflict with the City's <br /> use of the Right of Way or EVA, or another public utility's use of the right of Way, shall be at <br /> the sole expense of the HOA. <br /> 3. CITY'S RESPONSIBILITIES. City shall at no time be responsible for the repair or <br /> replacement of the Project improvements of the HOA. <br /> 4. REMOVAL OF PROJECT AND RESTORATION. <br /> a. HOA shall, at its sole expense, abandon or remove the Project from the Right of <br /> Way and EVA and shall restore, to the City's reasonable satisfaction, the Right of Way and EVA <br /> and any adjacent property which has been affected by the Project to as good a condition as they <br /> were in at the time of the 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 with work <br /> which must be done by City in the Right of Way or EVA, or in the vicinity of <br /> the Right of Way or EVA, provided that such obligations to abandon or <br /> remove the Project shall be limited to the portions of the Project conflicting <br /> with the City's work; or <br /> 3. when the Project is reasonably determined by City to be in conflict with the <br /> City's needs or requirements. <br /> b. If HOA abandons the Project, fails to remove the Project pursuant to the City's <br /> instructions, or fails to restore, to the City's reasonable satisfaction, the Right of Way, EVA or <br /> any adjacent property which has been affected by the Project to as good a condition as they were <br /> in at the time of the construction of the Project, City may cause the removal or abandonment of <br /> the Project and the restoration of the Right of Way, EVA and any adjacent property which has <br /> been affected by the Project. The removal or abandonment of the Project and, if necessary, the <br /> restoration of the Right of Way, EVA or any adjacent property, whether caused by HOA and /or <br /> City shall be at the sole expense of HOA. If City causes the removal or abandonment of the <br /> Project or, if necessary, the restoration of the Right of Way, EVA or any adjacent property, City <br /> shall in no manner be liable to HOA for any damage sustained by HOA for or on account <br /> Page 2 of 4 <br />