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<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, arising from any casualty or accident to Person or property,including,without limitation,
<br /> copyright infringement, defamation, and all other damages in any way arising out of, or by reason
<br /> of, any construction,excavation,operation,maintenance,reconstruction, or any other act done
<br /> under this Franchise,by or for Grantee,its agents,or its employees,or by reason of Grantee's
<br /> conduct. Grantee shall consult and cooperate with the City while conducting its defense of the City.
<br /> This indemnity provision shall survive the expiration,revocation, or termination of this Franchise.
<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. 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
<br /> this Section shall apply only to the extent allowed by RCW 4.24.115. Solely and expressly for the
<br /> purpose of its duties to indemnify and defend the City, the Grantee specifically waives any
<br /> immunity it may have under the State Industrial insurance Law, Title 51 RCW. The Grantee
<br /> recognizes that this waiver of immunity under Title 51 RCW was specifically entered into pursuant
<br /> to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. This indemnity
<br /> provision shall survive the expiration,revocation, or termination of this Franchise.
<br /> 6.1.4. 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.
<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
<br /> under this subsection.
<br /> 6.1.6. EXPENSES
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