|
12. Compliance with Laws; Hazardous Materials
<br /> 12.1. Company shall, at all times and at its sole responsibility and expense, comply with all
<br /> applicable laws and ordinances, orders, guidelines,policies, directives,rules and
<br /> regulations of municipal,county, state and federal governmental authorities or
<br /> regulatory agencies("Laws")relating to the construction, operation and/or
<br /> maintenance of the Site Equipment, including FCC regulations for compliance with
<br /> limits on human exposure to radio frequency(RF)emissions. Company shall, upon
<br /> the request of City, and at Company's sole expense perform periodic testing of its RF
<br /> emissions to validate that such emissions does not exceed FCC regulations.
<br /> Company shall defend, indemnify and hold harmless the City and its employees and
<br /> agents against any claims arising from any violations by Company, its agents or
<br /> employees, of any such Laws. The indemnity provision of this paragraph shall
<br /> survive the termination or expiration of this Agreement.
<br /> 12.2. Company shall not use the City Poles for any illegal purposes nor violate any
<br /> applicable law, nor cause or permit any nuisance, nor trespass,nor do any act on the
<br /> City Poles which would increase the rate of insurance thereon; nor deface, damage or
<br /> overload the structural components of any City Poles.
<br /> 12.3. Company shall not cause or permit any Hazardous Materials to be brought upon,
<br /> stored, used,released or disposed of on the City Poles which would cause the City
<br /> Poles to be in violation of any applicable laws or which would require remediation or
<br /> correction to the City Poles.
<br /> 12.4. "Hazardous Materials"means any dangerous, toxic or harmful substance, material or
<br /> waste that is or becomes regulated by any local government authority, the State of
<br /> Washington, or the United States Government due to its potential harm to the health,
<br /> safety or welfare of humans or the environment. Company shall be responsible for
<br /> all spills or other releases of any Hazardous Materials that may occur on the City
<br /> Poles arising out of Company's activities or caused by the Company, its employees,
<br /> contractors, subcontractors, or invitees; and, at Company's cost, shall promptly
<br /> conduct any investigation and remediation as required by any applicable laws, at
<br /> Company's sole cost.
<br /> 12.5. Company shall indemnify, defend and hold harmless the City from any and all
<br /> claims,judgments, damages, penalties, fines, costs, liabilities or losses, including
<br /> without limitation, diminution in the value of the City Poles, damages for loss or
<br /> restriction of use of the City Poles, and sums paid in settlement of claims, attorneys'
<br /> fees, consultant and expert fees, investigation, clean-up, remediation or other costs
<br /> incurred or suffered by the City, arising out of any use, storage,release or disposal of
<br /> Hazardous Materials by Company, its employees,contractors, subcontractors,or
<br /> invitees. This indemnification shall survive the termination or expiration of this
<br /> Agreement.
<br /> 13. Advertising Devices,Signs &Lighting
<br /> 13.1. Company shall not place any advertising devices in, on or about the City Poles.
<br /> New Cingular Wireless PCS,LLC 1 1
<br />
|