Laserfiche WebLink
1 <br /> Section 8. Plan Approval. Lynch shall not commence relocation, readjustment, <br /> removal, or repair of the Covered Walkway except in accordance with plans and specifications <br /> approved in advance by the Director. <br /> Section 9. Operation,Maintenance and Repair. At its sole expense,Lynch shall <br /> operate, maintain, and repair the Covered Walkway so that it is in a good and safe condition and <br /> fully functional as a Covered Walkway. In the event of damage to or destruction of the Covered <br /> Walkway, Lynch at its sole expense shall either promptly repair such damage or destruction or <br /> shall remove the damaged or destroyed Covered Walkway. If Lynch violates this Section 9,the <br /> Director may deliver a Violation Notice pursuant to Section 7B above. This Violation Notice <br /> may require closure of the Covered Walkway until Lynch cures the violation. <br /> Section 10. Continuing Obligation to Remove and Restore. Notwithstanding <br /> termination or expiration of the permissions granted by this Ordinance, or closure or removal of <br /> the Covered Walkway,Lynch shall remain bound by its obligations under this Ordinance until: <br /> A. the Covered Walkway and all its appurtenances are removed from the <br /> right-of-way; <br /> B. the area is restored in a manner and to a condition satisfactory to the <br /> Director in accordance with this Ordinance; and <br /> C. the Director certifies that Lynch has discharged its obligations under this <br /> Ordinance. <br /> Upon prior notice to Lynch and entry of written findings that it is in the public interest,the City <br /> may, in the City's sole discretion, excuse Lynch, conditionally or absolutely, from compliance <br /> with any or all of Lynch' obligations to remove the Covered Walkway and to restore disturbed <br /> areas. <br /> Section 11. Release,Hold Harmless,Indemnification, and Duty to Defend. With <br /> respect to the City,the Covered Walkway is the exclusive responsibility of Lynch. Lynch <br /> releases the City from any and all claims resulting from damage or loss to its own property and <br /> does covenant and agree at all times to indemnify, defend and hold harmless the City, its <br /> officers, agents and employees, from all claims, actions, suits, liability, loss, costs, expense or <br /> damages of every kind and description(excepting only such damages that may result from the <br /> sole negligence of the City),that may accrue to, or be suffered by, any person or persons or <br /> property or properties,including without limitation, damage or injury to Lynch, its officers, <br /> agents, employees, contractors, invitees,tenants and tenants invitees, licensees,by reason of the <br /> 54 <br />