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6.1.2. Indemnification for Relocation <br />Grantee shall indemnify the City for any damages, claims, additional costs or expenses assessed <br />against, or payable by, the City arising out of, or resulting from, directly or indirectly, Grantee's failure <br />to remove, secure, adjust or relocate any of its Facilities in the Rights -of -Way in a timely manner in <br />accordance with any relocation required by the City. This indemnity provision shall survive the <br />expiration, revocation, or termination of this Franchise. <br />6.1.3. RCW 4.24.115 <br />With regard to any indemnification obligation in this Franchise, if (1) RCW 4.24.115 applies to a <br />particular claim for injury, damage, loss, liability, cost, or expense, and (2) such claim for injury, <br />damage, loss, liability, cost, or expense is caused by or results from the concurrent negligence of <br />(a) the Grantee, its agents, or its employees, and (b) the City, then the Grantee's obligations under this <br />Section shall apply only to the extent allowed by RCW 4.24.115. Solely and expressly for the <br />purpo <br />se of its duties to indemnify and defend the City, the Grantee specifically waives any immunity <br />it may have under the State Industrial Insurance Law, Title 51 RCW. The Grantee recognizes that <br />this waiver of immunity under Title 51 RCW was specifically entered into pursuant to the provisions <br />of RCW 4.24.115 and was the subject of mutual negotiation. This indemnity provision shall survive <br />the expiration, revocation, or termination of this Franchise. <br />6.1.4. Procedures and Defense <br />If a claim or action arises requiring Grantee to defend the City, the City or any other indemnified party <br />shall promptly tender the defense of the claim to Grantee, which defense shall be at Grantee's expense. <br />The City may participate in the defense of a claim at its own cost, and, in any event, Grantee may not <br />agree to any settlement of claims affecting the City without the City's approval. <br />6.1.5. Non -waiver <br />The fact that Grantee carries out any activities under this Franchise through independent contractors <br />shall not constitute an avoidance of or defense to Grantee's duty of defense and indemnification under <br />this subsection. <br />6.2. Insurance <br />A. Limits. Grantee shall maintain in full force and effect at its own cost and expense each <br />of the following policies of insurance or self insurance: <br />(1) Commercial General Liability (CGL) insurance on an "occurrence" basis, including, but not <br />limited to, products and completed operations, property damage, bodily injury and personal <br />and advertising injury with limits of $7,000,000 per occurrence and annual aggregate. <br />These amounts can be obtained via a combination of primary and excess/umbrella <br />liability policies. <br />{DPK2242501.DOCX;4/13113.000007/ } <br />Wireline Franchise <br />13 of 30 <br />