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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, includi g court and appeal costs and attorneys' fees or
<br /> expenses, arising from any casualty or accident t)Person or property, including, without limitation,
<br /> copyright infringement, defamation, and all oth,r damages in any way arising out of, or by reason
<br /> of, any construction, excavation, operation, mai tenance, reconstruction, or any other act done
<br /> under this Franchise,by or for Grantee, its agent c, or its employees, or by reason of Grantee's
<br /> conduct. Grantee shall consult and cooperate w'i:h the City while conducting its defense of the City.
<br /> This indemnity provision shall survive the expir.Ltion,revocation, or termination of this Franchise.
<br /> 6.1.2. INDEMNIFICATION FOR RELOCA ION
<br /> Grantee shall indemnify the City for any dam.ges, 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 F. cilities 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. RCW4.24.115
<br /> With regard to any indemnification obligation ill this Franchise, if(1) RCW 4.24.115 applies to a
<br /> particular claim for injury, damage, loss, liabili y, cost, or expense, and (2) such claim for injury,
<br /> damage, loss, liability, cost, or expense is caus xd by or results from the concurrent negligence of
<br /> (a)the Grantee, its agents, or its employees, anti. (b) the City, then the Grantee's obligations under
<br /> this Section shall apply only to the extent allow:d by RCW 4.24.115. Solely and expressly for the
<br /> purpose of its duties to indemnify and defe d the City, the Grantee specifically waives any
<br /> immunity it may have under the State Indus ;ial Insurance Law, Title 51 RCW. The Grantee
<br /> recognizes that this waiver of immunity under itle 51 RCW was specifically entered into pursuant
<br /> to the provisions of RCW 4.24.115 and was tie subject of mutual negotiation. This indemnity
<br /> provision shall survive the expiration,revocatio , or termination of this Franchise.
<br /> 6.1.4. PROCEDURES AND DEFENSE
<br /> If a claim or action arises, the City or any other ndemnified 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, Gr intee 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 I der 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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