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5. ADMINISTRATION AND REGULATION
<br /> 5.1. Authority
<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, or to delegate that power and right, or
<br /> any part thereof,to the extent permitted under law to any agent in its sole discretion.
<br /> B. Nothing in this Franchise shall limit nor expand the City's right of eminent domain under State
<br /> law.
<br /> 5.2. Time Limits Strictly Construed
<br /> Whenever this Franchise sets forth a time for any act to be performed by Grantee, such time shall be
<br /> deemed to be of the essence, and any failure of Grantee to perform within the allotted time may be
<br /> considered a material breach of this Franchise, and sufficient grounds for the City to invoke any
<br /> relevant remedy.
<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 /> agents and employees, harmless from any action or claim for injury, damage, loss, liability, cost or
<br /> expense, including court and appeal costs and attorneys' fees or expenses, arising from any casualty
<br /> or accident to Person or property, including,without limitation, copyright infringement, defamation,
<br /> and all other damages in any way arising out of, or by reason of, any construction, excavation,
<br /> operation, maintenance, reconstruction, or any other act done under this Franchise, by or for
<br /> Grantee, its agents, or its employees, or by reason of Grantee's conduct. Grantee shall consult and
<br /> cooperate with the City while conducting its defense of the City.
<br /> 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
<br /> failure to remove, 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.
<br /> 6.1.3. PROCEDURES AND DEFENSE
<br /> If a claim or action arises, the City or any other indemnified party shall promptly tender the defense
<br /> of the claim to Grantee, which defense shall be at Grantee's expense. The City may participate in
<br /> the defense of a claim and, in any event, Grantee may not agree to any settlement of claims
<br /> affecting the City without the City's approval.
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