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4.9. Payment on Termination
<br />If this Franchise terminates for any reason, the Grantee shall file with the City within ninety (90)
<br />calendar days of the date of the termination, a financial statement showing the Gross Revenues
<br />received by the Grantee since the end of the previous fiscal year The City reserves the right to satisfy
<br />any remaining financial obligations of the Grantee to the City by utilizing the funds available in the
<br />irrevocable letter of credit or performance bond provided by the Grantee.
<br />5. ADMINISTRATION AND REGULATION
<br />A. The City shall be vested with the power and right to reasonably regulate the exercise of the
<br />privileges permitted by this Franchise in the public interest.
<br />B. Nothing in this Franchise shall limit nor expand the City's right of eminent domain under State
<br />law.
<br />6. FINANCIAL AND INSURANCE REQUIREMENTS
<br />6.1. Indemnification
<br />6 1 1 General Indemnification
<br />Grantee shall indemnify, defend and hold the City, its officers, officials, boards, commissions,
<br />employees, agents, representatives, and volunteers, harmless from any action or claim for injury,
<br />damage, loss, liability, cost, or expense, including court and appeal costs and attorneys' fees or
<br />expenses, to the extent arising from (1) copyright infringement, (2) defamation, or (3) any casualty or
<br />accident or damages to Person or property including, without limitation, all damages in any way
<br />arising out of, or by reason of, any construction, excavation, operation, maintenance, reconstruction,
<br />or any other act or omission done under this Franchise, by or for Grantee, its agents or its employees,
<br />or by reason of Grantee's conduct. Grantee shall consult and cooperate with the City while
<br />conducting its defense of the City.
<br />Except to the extent that damage or injury arises from the negligence or willful misconduct,
<br />malicious actions of the City, its officers, officials, boards, commissions, employees, agents,
<br />representatives, or volunteers, the obligations of Franchisee to indemnify the City shall apply
<br />regardless of whether liability for damages arising out of bodily injury to persons or damages to
<br />property were caused or contributed to by the concurrent negligence of the City, its officers,
<br />officials, boards, commissions, employees, agents, representatives, and volunteers. Notwithstanding
<br />the proceeding sentence, to the extent the provisions of RCW 4.24.115 are applicable, the City and
<br />the Grantee agree that the provisions of section 6 1 4 of this Franchise apply
<br />This indemnity provision shall survive the expiration, revocation, or termination of this Franchise
<br />{DPK2242501.DOCX;4/13113.000007/ }
<br />Wireline Franchise
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