Agmt18 Centrum Owners Association, Oracle Corp Grant of Revocable Encroachment Permit

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Facilities are detrimental to governmental activities. Permittee shall complete the removal or relocation within ninety (90) days of receipt of notice from the City or according to an agreed upon schedule with the City of no less than ninety (90) days. Notwithstanding the foregoing, the City Engineer may require a shorter period due to exigent circumstances and may authorize a longer period if it will not delay the public project. If Permittee fails to remove or relocate the Facilities within the prescribed time period, City may remove the Facilities at the expense of Permittee, and Permittee shall promptly reimburse the City for any and all expenses, including administrative, legal and consultant costs, within thirty (30) days after receiving an invoice from the City. Any removal or relocation work by Permittee shall only be done pursuant to an encroachment permit. All of the foregoing shall be subject to all applicable rules, requirements and procedures of the California Public Utilities Commission. In addition, Permittee acknowledges and agrees that upon revocation of this Permit, Permittee shall, at its own cost and expense and upon request so to do by City, remove the Facilities. 5.2 Abandonment of Facilities. If any portion of the Facilities laid, installed, or constructed in the Public Rights -of -Way, other than redundant Facilities or Facilities for emergency use, are no longer used by Permittee or are abandoned for a period in excess of six (6) months, Permittee must notify the City Engineer and promptly submit all necessary applications for permits prior to commencing work to vacate and remove the Facilities. Alternatively, the City may allow Permittee, in its sole discretion, to abandon the Facilities, or any part thereof, in place and convey the Facilities to the City. 5.3 If Permittee fails to remove the Facilities as required by the City pursuant to Section 5.2, the City may, in its sole discretion, after providing written notice to Permittee (a) remove the Facilities at Permittee's sole expense, which expense Permittee shall promptly reimburse to the City within thirty (30) days after receiving an invoice for such expenses, including all administrative, legal and consultant costs or (b) deem the Facilities, or any part thereof, to have been abandoned and conveyed to the City. 5.4 Repair of Public Rights -of -Way. Whenever the removal or relocation of any of the Facilities is required under this Permit or the Code, Permittee shall promptly repair and return the Public Rights -Of -Way and adjacent property to a safe and satisfactory condition to the City in accordance with the Code and with the construction -related conditions and specifications established by the City according to its standard practice. If Permittee removes any Facilities from the Public Rights -Of -Way, Permittee shall, within ten (10) days after such removal, give notice thereof to the City specifying the Right -Of -Way affected and the location thereof as well as the date of removal. Permittee agrees to promptly complete all restoration work and to promptly repair any damage caused by such work at its sole cost and expense. If Permittee fails to do so, the City shall have the option to perform such work at Permittee's sole expense, which expense Permittee shall promptly reimburse to the City within thirty (30) days after receiving an invoice for such expenses, including all administrative, legal and consultant costs. Before proceeding with removal or relocation work, the Permittee shall obtain an encroachment permit from the City. ATTY/AGR/2018.026/275 ORACLE REV: 02-05-18 PR Page 7 of 18