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that this section 22 extends to any and all third party claims for injury, sickness or death
<br /> of any person, including employees of Company, arising out of or caused by said
<br /> emissions.
<br /> 22.10. Neither party shall be liable to the other, or any of their respective agents,
<br /> representatives, employees for any lost revenue, lost profits, loss of technology, rights
<br /> or services, incidental, punitive, indirect, special or consequential damages, loss of
<br /> data, or interruption or loss of use of service, even if advised of the possibility of such
<br /> damages, whether under theory of contract, tort (including negligence), strict liability
<br /> or otherwise.
<br /> 22.11. The provisions of this Section 22 shall survive the expiration, revocation, or
<br /> termination of this Agreement.
<br /> 23. Performance Bond
<br /> 23.1. Company shall furnish a surety bond or bonds, in the form provided on Exhibit F,
<br /> covering faithful performance of this Agreement and payment of all obligations arising
<br /> thereunder, including but not limited to proper construction, long-term facility
<br /> maintenance,rent,timely removal of equipment and restoration. The bond shall be in-
<br /> force during the entire initial term and subsequent extensions. The performance bond
<br /> for this Agreement shall not only indemnify City for the usual performance provisions
<br /> of this Agreement, but in addition shall be a bond to guarantee payment of any and all
<br /> tax liability of any type, kind, nature or description due as a result of this Agreement.
<br /> Said performance bond shall be issued to City prior to the issuance of any approvals
<br /> for the construction of its facilities on the City Poles. If City so uses or applies any
<br /> portion of the performance bond, Company shall upon notice, restore the performance
<br /> bond to the full amount above specified,and Company's failure to do so shall constitute
<br /> a material breach of this Agreement. This performance bond shall be in addition to
<br /> any construction or maintenance bonds imposed by the City as part of its permitting
<br /> process. This performance bond shall remain in place until all of Company's Site
<br /> Equipment has been removed by Company unless otherwise permitted to remain by
<br /> City. The amount of the bond shall be dependent on the number of City Poles used by
<br /> the Company as follows:
<br /> a. $50,000 bond for usage of 1-10 City Poles;
<br /> b. $100,000 bond for usage of 11-50 City Poles; and
<br /> c. $150,000 bond for usage of 50 or more City Poles.
<br /> 24. Nondiscrimination
<br /> Company, for itself, its successors, and assigns as a part of the consideration hereof, does hereby
<br /> covenant and agree to comply with all civil rights and anti-discrimination requirements of federal, state
<br /> or local laws applicable to the City Poles, including,without limitation, Chapter 49.60 RCW and Title
<br /> 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the
<br /> Secretary, Part 21, Nondiscrimination in Federally assisted programs of the U.S. Department of
<br /> Transportation---Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may
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