2939 COLBY AVE ADVANCED TELECOM GROUP 2018-01-02 MF Import

Peanittee's use of the City's rights-of-way pursuant to this Permit and upon notice to the Permittee,the Permittee 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. This 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 Permittee, its agents, successors or assigns, this indemnity provision shall be valid and enforceable to the extent of the negligence of the Pertnittee, its agents, successors or assigns. (For example, where the per.mittee 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 standazds all City right-of-way which is in any way damaged by the Permittee. The Permittee shall comply with all laws and regulations when doing any work on the right-of-way pursuant to this pe��n;t. 6. 1n the event the Permittee fails to comply with any of the conditions set forth in this Pertnit, the City is authorized to immediately tertninate 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 thirty(30)days written notice to the Pertnittee at the Peanittee'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-establistied 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 intederence with the use of the rights-of-way Uy others, including others that may be installing communicarions facilities. WiUun limits reasonably related to the City's role in protecting public health,safety and welfare, the City may require the Permittee's Facilities be instailed at a pazticulaz time, at a specific place or in a particulaz manner as a condition of access to a particulaz right-of-way; may deny access if the Pemvttee is not willing to comply with City's requirements; and may remove, or require removal of, any facility that is not installed in compliancc 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 Pertnittee for all the costs associated with removal; and may require the Pemvttee to cooperate with others to minimize adverse impacts on the rights-of-way through joint trenching and other airangements. With regazd to its management of the rights-of-way, the City shall treat the Permittee and other users of the rights-of-way in a competitively neuh�al and nondiscriminatory manner. 8. The Permittee must provide constructiori 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 a�iy other requested information regarding as-built conditions. 9. All work authorized and required hereunder shall be done in a safe,thorough and worlananlike manner. All installations of equipment shall be permanent in nature, durable and installed in acco�dance with good engineering practices. 10. 1n the event that emergency repairs aze necessary, the Pecmittee shall immediately norify 8ie City of the need for such mpairs. The Pemvttee may initiate such emergency repairs immediately, and shall apply for appropriate permits within forry-eight(48)hours aRer discovery of the emergency.