|
regulatory agencies ("Laws") relating to the construction, operation and/or
<br /> maintenance of the Site Equipment, including FCC regulations for compliance with
<br /> limits on human exposure to radio frequency(RF) emissions.
<br /> 12.2. Company shall not use the City Poles for any illegal purposes nor violate any applicable
<br /> Law, nor cause or permit any nuisance, nor trespass, nor do any act on the City Poles
<br /> which would increase the rate of insurance thereon; nor deface, damage or overload
<br /> the structural components of any City Poles.
<br /> 12.3. Company shall not cause or permit any Hazardous Materials to be brought upon,stored,
<br /> used, released or disposed of on the City Poles which would cause the City Poles to be
<br /> in violation of any applicable Laws or which would require remediation or correction
<br /> to the City Poles.
<br /> 12.4. "Hazardous Materials" means any dangerous, toxic or harmful substance, material or
<br /> waste that is or becomes regulated by any local government authority, the State of
<br /> Washington, or the United States Government due to its potential harm to the health,
<br /> safety or welfare of humans or the environment. Company shall be responsible for all
<br /> spills or other releases of any Hazardous Materials that may occur on the City Poles
<br /> arising out of Company's activities or caused by the Company, its employees,
<br /> contractors, subcontractors, or invitees; and, at Company's cost, shall promptly
<br /> conduct any investigation and remediation as required by any applicable Laws, at
<br /> Company's sole cost.
<br /> 12.5. Company shall indemnify, defend and hold harmlessthe City from any and all claims,
<br /> judgments, damages, penalties, fines, costs, liabilities or losses, including without
<br /> limitation, diminution in the value of the City Poles, damages for loss or restriction of
<br /> use of the City Poles, and sums paid in settlement of claims,attorneys' fees, consultant
<br /> and expert fees, investigation, clean-up,remediation or other costs incurred or suffered
<br /> by the City, arising out of any use, storage, release or disposal of Hazardous Materials
<br /> by Company, its employees, contractors, subcontractors, or invitees. This
<br /> indemnification shall survive the revocation, termination or expiration of this
<br /> Agreement.
<br /> 13. Advertising Devices, Signs & Lighting
<br /> 13.1. Company shall not place any advertising devices in, on or about the City Poles.
<br /> 13.2. Company shall post and maintain on the City Poles appurtenant thereto a sign giving
<br /> an emergency telephone number. Such sign may not exceed two (2) inches in height
<br /> and four (4) inches in width or as required by FCC regulations or guidelines. The
<br /> mounting height of the sign shall be consistent with state and federal law, and the
<br /> design approved in the Site License Addendum.No other Company signs are permitted
<br /> on or about the City Poles, unless required by Law.
<br /> 14. Maintenance/Stewardship
<br /> 14.1. Company shall, at its own expense and at all times, keep the Site Equipment in good
<br /> order,repair and condition. Company shall not permit or cause waste,damage or injury
<br /> 11
<br />
|