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2 <br /> <br /> 4. The City must be notified at least forty-eight (48) hours before construction, <br />repair and/or maintenance work commences within the right-of-way. No such work shall <br />take place without the City Staff being given the opportunity to be present at the site. <br />Further, if the City determines in its reasonable estimation that any proposed work may <br />potentially cause an unsafe condition or damage or impair the City’s right-of-way, the <br />City shall have the authority to prevent such work from being done by giving notice to <br />the Owner. <br /> 5. To the fullest extent permitted by law, Owner, its successors in title and <br />assigns agrees to release, defend, protect, indemnify, save and hold harmless the City, its <br />agents, directors, employees, shareholders and contractors against any and all claims, <br />costs and liabilities, including the costs of defense for damages, injury or death arising <br />from or in any way connected to the installation, maintenance, repair, removal and/or <br />presence of The Improvements or encroachment, regardless of whether such harm is to <br />any person, the City, its employees or officers of either the Owner or the City or any other <br />person or entity. <br /> 6. Owner shall not alter the grade or permit such alteration anywhere upon <br />the land upon which the City has its rights without proper advance express written <br />consent of the City. Owner shall construct and maintain The Improvements in compliance <br />with all approvals by the City and industry standards in effect at the time of construction, <br />and shall remove it, or relocate it, if requested by the City, for any reason, and all related <br />improvements within thirty (30) days of written demand therefore by the City, without <br />claims of cost, loss or damage to the City or claims for continuance or estoppel. <br />Emergency removal may be required if immediate repairs to public utilities need occur.