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<br /> 6.2. 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 /> 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 /> recogrn es 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
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