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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 12 of 30
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