5413 S 2ND AVE TOUCH AMERICA 2018-01-02 MF Import

u�-. iutw.n ncrtiut „x gtlb 4Jb P.NS Pernittee shall accept and defend the same at the sole cost of the Permittee and satisfy any judgment should such claim, demand or cause of action be determined adversely to the City, its officers, employees and agent. Thus obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the City, its officers, employees or agents; provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the City, its officers, employees or agents, and (b) the pennittee, its agents, successors or assigns, this indemnity provision shall be valid and enforceable to the extent of the negli gence of the Permittee, its agents, successors or assigns. (For example, where the Permittee is 25 % negligent, the indemnification shall extend to 25 % of the City's concurrent negligence.) 5. The Permittee shall immediately restore and repair to City standards all City right-of-way which is in any way damaged by the Permittee. The Perminee shall comply with all laws and regulations when doing any work out the right-of-way pursuant to this permit. 6. in the event the Permittee fails to comply with any of the conditions set forth in this Permit, the City is authorized to immediately terminate this Permit by providing the Permittee written notice of such termination at the Permittee's address set forth herein. Further, the City may terminate this permit at any time without cause by providing sixty (60) days written t»tice to the Permittee at the Pemtitte : s address set forth herein. Notwithstanding any termination, the Permittee will not be relieved of any liability to the City. 7. The Permittee must follow City -established requirements for placement of its Facilities in City rights -of - way, including routing and the specific location of Facilities in the rights -of -way, and must in any event install its Facilities in a manner that minimizes interference with the use of the rights -of -way by others, including others that may be installing communications facilities. Within limits reasonably related to the City's role in protecting public health, safety and welfare, the City may requite the Petmittee's Facilities be installed at a particular time, at a specific place or in a particular manner as a condition of access to a particular right-of-way; may deny access if the Permittee is not willing to comply with City's requirements; and may remove, or require removal of, any facility that is not installed in compliance with the requirements established by the City, or which is installed without prior City approval of the time, place or manner of installation, and charge the Permittee for all the costs associated with removal; and may require the Permittee to cooperate with others to minimize adverse impacts on the rights -of -way through joint trenching and other arrangements. With regard to its management of the rights -of -way, the City shall treat the Permittce and other users of the rights -of -way in a competitively neutral and nondiscriminatory manner. 8. i7te Permittee must provide construction drawings and any requested information to obtain a permit to construct a Facility on City property or right-of-way, and shall provide as -built drawings and any other requested information regarding as -built conditions. 9. All work authorized and required hereunder shall be done in a safe, thorough and workmanlike manner. All installations of equipment sliall be permanent in nature, durable and installed in accordance with good engineering practices. 10. In the event that emergency repairs are necessary, the Permittee shall immediately notify the City of the need for such repairs. the Permi tee may initiate such emergency repairs immediately, and shall apply for appropriate permits within forty-eight (48) hours after discovery of the emergency. 11 The Permittee shall comply with all applicable City construction codes, including, without limitation, all building codes, and zoning codes and regulations.