Agmt 2011 San Leandro Dark Fiber LLC (2)

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• reasonable judgment of the City, place an undue burden on or risk of damage or injury to the Property, the City facilities thereon, or persons working on or affected by the City facilities; and (iv) any change in their location on the Property is approved in writing. SL Dark Fiber shall submit to the City a detailed proposal for any replacement to its equipment in the Property and any supplemental materials, as may be requested. No equipment upgrade or replacement within the Property may be undertaken without written approval of the City prior to the installation. 8.7 Repairs, Damages and Notification. Any damage done to Property by SL Dark Fiber, its agents or contractors, during construction, installation, repairs, maintenance, replacement, relocation and/or during operations shall be repaired or replaced immediately at SL Dark Fiber's sole cost and expense and to the City's sole satisfaction. Except in case of emergency, SL Dark Fiber shall notify the Ciry in advance in writing and obtain approval of SL Dark Fiber's proposed construction, maintenance or repair activities to be performed on the Property in order to coordinate those activities with the City's operations. The City's approval of any construction, maintenance, and repair activities under this subparagraph shall not be unreasonably withheld. In cases of emergency, any construction, maintenance, and repair work performed without written notification to the City shall be limited to the work necessary to eliminate the emergency or otherwise protect the public health and safety, and SL Dark Fiber shall notify the City as soon as possible of the emergency and any work performed to eliminate it or protect the public health and safety. Any damage to the Property, including conduit or other City infrastructure by third parties unaffiliated with either Party shall be promptly repaired by City. Both Parties agree and acknowledge that time is of the essence for repair of the Property used for the Project that is in use to provide telecommunications services. If the Project is damaged, SL Dark Fiber will make all necessary repairs. The City shall take all reasonable and necessary actions to recover the damages caused by the third party to the Property or the Project, including but not limited to any legal action. If both the Property and the Project are damaged, SL Dark Fiber and City agree to split the costs incurred by City to recover all damages from the responsible third party in proportion to the cost of damage. For example, if the cost to repair the Property is three times the cost to repair the Project, then the City shall pay for three quarters of the total cost and SL Dark Fiber shall pay for one quarter. SL Dark Fiber shall have the right at its own expense to have counsel participate in any such legal action. ARTICLE LX INSURANCE 9.1. Types of Insurance Required. Prior to commencing any activities under the Scope of Work, SL Dark Fiber shall procure, or cause to be procured, and keep in full force and effect during the life of this License, at SL Dark Fiber's sole cost and expense, all of the following types of insurance: Type of Insurance Policy 1 Limits Commercial general liability policy, combined single limit $2,000,000 Contractual liability coverage Comprehensive automobile liability coverage $2,000,000 Worker's compensation Statutory 1677047v4 13 Lit San Leandro Fiber Optic License