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services provided to the City by Company. Each party agrees to cooperate and to cause
<br /> its employees and agents to cooperate with the other party in the defense of any such
<br /> claim and the relevant records of each party shall be available to the other party with
<br /> respect to any such defense.
<br /> 22.6. Except to the extent that damage or injury arises from the gross negligence,willful
<br /> misconduct or malicious actions of the City, its employees or contractors, the
<br /> obligations of Company under the indemnification provisions of this Section 22 shall
<br /> apply regardless of whether liability for damages arising out of bodily injury to persons
<br /> or damages to property were caused or contributed to by the concurrent negligence of
<br /> the City, its officers,agents, employees or contractors. Notwithstanding the preceding
<br /> sentence,to the extent the provisions of RCW 4.24.115 are applicable,the parties agree
<br /> that the indemnity provisions hereunder shall be deemed amended to conform to said
<br /> statute and liability shall be allocated as provided therein. It is further specifically and
<br /> expressly understood that the indemnification provided constitutes Company's waiver
<br /> of immunity under Title 51 RCW, solely for the purposes of this indemnification,
<br /> relating solely to indemnity claims made by the City directly against the Company for
<br /> claims made against the City by Company's employees. This waiver has been mutually
<br /> negotiated by the parties.
<br /> 22.7. Company acknowledges and agrees that Company, bears all risks of loss, damage,
<br /> relocation or replacement of its Site Equipment and materials installed on City Poles
<br /> pursuant to this Agreement from any cause,and the City shall not be liable for any cost
<br /> of replacement or repair to damaged Site Equipment, including, without limitation,
<br /> damage caused by the City's removal of the Site Equipment, loss of line of sight path,
<br /> activities conducted by the City,its officers,agents,employees,volunteers,elected and
<br /> appointed officials, or contractors, except to the extent any such damage or destruction
<br /> is caused by or arises from any grossly negligent, willful misconduct, or criminal
<br /> actions on the part of the City, its officers, agents, employees,volunteers, or elected or
<br /> appointed officials, or contractors. Company releases and waives any and all such
<br /> claims against the City, its officers, agents, employees, volunteers, or elected or
<br /> appointed officials, or contractors.
<br /> 22.8. Company shall indemnify, hold harmless and defend the City against any claims for
<br /> damages, including, but not limited to, consequential, special, indirect, business
<br /> interruption damages and lost profits, brought by or under users of Company's Site
<br /> Equipment as the result of any interruption of service due to damage or destruction of
<br /> Company's Site Equipment caused by or arising out of activities conducted by the City,
<br /> its officers, agents, employees or contractors, or any third parties, except to the extent
<br /> any such damage or destruction is caused by or arises from the gross negligence,willful
<br /> misconduct, or criminal actions on the part of the City, its officers, employees, or
<br /> elected or appointed officials. This limitation of liability shall apply even if City is
<br /> advised of the possibility thereof,whether such damages arise out of breach of contract,
<br /> breach of warranty, negligence, strict liability or any other theory of liability and
<br /> whether such damages were foreseeable or not at the time this Agreement was
<br /> executed.
<br /> 22.9. In the event that Company's transmission technology or facilities emit electromagnetic
<br /> impulses (EMF), radio frequency emissions, or radiation, Company expressly agrees
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