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Docusign Envelope ID: 630D402A-480E-441 F-B23E-642A498E5ED5
<br />invoiced by, and paid by CITY to, outside counsel for such services. CITY will refund any unused
<br />portion of the Legal Fee Deposit to ENCROACHER within sixty (60) days after the execution of this
<br />Agreement by both Parties. Within thirty (30) days of receipt of written demand from ENCROACHER,
<br />CITY shall provide ENCROACHER with a reasonably detailed and itemized invoice evidencing the
<br />outside counsel charges incurred and reimbursed by the Legal Fee Deposit.
<br />SECTION 3
<br />CONSTRUCTION AND MAINTENANCE STANDARDS
<br />3.1 The construction, operation, repair and maintenance of Network Facilities shall be in
<br />accordance with all applicable Laws, including, without limitation, zoning laws, construction codes and
<br />CITY's standard specifications and details, which are consistent with applicable Laws, as the same may
<br />exist now, or be hereafter issued, amended or revised; and any supplements thereto or revisions of this
<br />Agreement, and any franchise or other authorization now or in the future. Nothing in this agreement
<br />prevents the CITY from establishing additional or stricter conditions, consistent with applicable Laws,
<br />(even with respect to the matters specified in those sections) and requiring ENCROACHER to comply
<br />with the same as a condition of ENCROACHER's continued use. In the event of a conflict among codes
<br />and standards, the most stringent code or standard, as determined in the sole judgment of the City
<br />Engineer consistent with applicable Laws, shall apply.
<br />3.2 ENCROACHER shall at all times employ reasonable care, within the meaning of
<br />applicable Laws, and shall install, maintain and use commonly accepted methods and devices for
<br />preventing failures and accidents that may cause damage, injury or nuisance to the public.
<br />3.3 ENCROACHER shall construct, operate and maintain its Network Facilities so as not to
<br />endanger or interfere with improvements CITY shall deem appropriate to make, consistent with
<br />applicable Laws, or to interfere in any manner with the Public Right -of -Way or legal rights of any
<br />property owner or to unnecessarily hinder or obstruct pedestrian or vehicular traffic. ENCROACHER
<br />shall place Network Facilities in strict conformance with the plans and drawings approved in writing by
<br />CITY, consistent with applicable Laws, and shall not place Network Facilities, equipment or fixtures
<br />where they will interfere with any gas, electric, telephone, telecommunications, water, sewer or other
<br />utility facilities or obstruct or hinder in any manner such entity's use of any Public Right -of -Way. Any
<br />and all Public Rights -of -Way, public property or private property that is disturbed or damaged by
<br />ENCROACHER in connection with the construction, repair, replacement, relocation, operation, or
<br />maintenance of Network Facilities shall be promptly repaired by ENCROACHER, to a condition equal to
<br />or better than that which existed prior to the damage, in compliance with all applicable Laws and to the
<br />City Engineer's satisfaction, consistent with applicable Laws. Should ENCROACHER fail, neglect or
<br />refuse to promptly make such repairs, CITY shall have the right (but not the obligation) to elect to make
<br />such repairs at the sole expense of ENCROACHER, which actual expense, including without limitation
<br />administrative and actual legal costs, ENCROACHER agrees to pay CITY within ten (10) business days
<br />of CITY's written demand for reimbursement.
<br />3.4 If the Public Right -of -Way to be used by ENCROACHER has preexisting installation(s)
<br />placed in the said Public Right -of -Way, ENCROACHER shall assume the responsibility to verify the
<br />location of the preexisting installation(s) and notify, consistent with applicable Laws, CITY and any third
<br />party owner of ENCROACHER's proposed installation. The cost of any work required of such third party
<br />owner or CITY to provide adequate space or required clearance to accommodate ENCROACHER's
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