Agmt 2011 San Leandro Dark Fiber LLC (2)

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grounds for termination of this License, unless SL Dark Fiber abandons the Project for one hundred twenty (120) days. 3.3. Workmanlike Standard. The Permitted Work shall be performed in a good and workmanlike manner consistent with the standard of care and level of skill presently maintained by the practice of professionals in this locale; in compliance with all federal, state and local laws, ordinances, rules and regulations, in a manner so as not to disturb the occupancy, business or quiet enjoyment of any other tenants or licensees of the Property; and in a manner so as to avoid harm to person(s) or the Property. 3.4. Damage to City Property During Construction and Installation of the Project. Precautions must be taken by SL Dark Fiber to avoid interference with or damage to the City's real and personal property. SL Dark Fiber's equipment must not damage wire lines at, over or near the Property, as well as any other utilities or structures located thereon. SL Dark Fiber shall be liable for any damage to the Property, or any other property of the City or the City right -of- way (all of the foregoing, collectively, "City Property") that occurs as a result of this License and the use of the Property, unless caused by the gross negligence or willful misconduct of the City or its employees, agents or contractors. Any waste generated in the process of completing the Permitted Work will be the responsibility of SL Dark Fiber, at SL Dark Fiber's sole cost and expense. 3.5. Subcontractors. SL Dark Fiber shall be responsible for all Contractors and all subcontractors engaged to complete the Permitted Work ("Contractors "), including, without limitation, responsibility for the payment of any compensation or other amounts payable to Contractors, and shall be responsible for their conduct and the conduct of their employees, agents and volunteers. SL Dark Fiber shall direct the Permitted Work rendered or performed by Contractors using SL Dark Fiber's skill and attention, shall require discipline and good order among its employees and subcontractors, and shall not knowingly employ or engage, on the job, any person unfit or unskilled for the task assigned to him or her. All Contractors and subcontractors shall be properly licensed and insured to complete work within the public right - of -way. 3.6. Materials and Supplies. SL Dark Fiber shall, at SL Dark Fiber's own cost and expense, furnish (unless herein otherwise specifically provided) all superintendence, labor, tools, equipment, materials, and supplies and all other things requisite and necessary to perform the Permitted Work under this License. 3.7. Supervision by SL Dark Fiber. SL Dark Fiber shall be responsible for the direction of the Permitted Work, be responsible for all methods, sequences and procedures used in connection with the Permitted Work, and be responsible for coordinating all portions of the Permitted Work. All persons entering the work zone pursuant to this License shall wear safety glasses with side shields, hard hats and steel -toed safety shoes, and shall abide by CAL -OSHA rules and regulations. 3.8. Independent Contractor. SL Dark Fiber and the agents and employees of SL Dark Fiber are not employees of the City. SL Dark Fiber is acting as an independent contractor and nothing herein contained shall be construed inconsistent with that status. 1677047v4 8 Lit San Leandro Fiber Optic License