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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 or
<br /> ommission done under this Franchise, by or for Grantee, its agents, or its employees, or by reason
<br /> of Grantee's conduct. Grantee shall consult and cooperate with the City while conducting its
<br /> defense of the City.
<br /> Except to the extent that damage or injury arises from the gross negligence or willful misconduct,
<br /> malicious actions of the City, its officers, officials, boards, commissions, employees, agents,
<br /> representatives, or volunteers, the obligations of Franchisee to indemnify the City shall apply
<br /> regardless of whether liability for damages arising out of bodily injury to persons or damages to
<br /> property were caused or contributed to by the concurrent negligence of the City, its officers,
<br /> officials, boards, commissions, employees, agents, representatives, and volunteers.
<br /> Notwithstanding the proceeding sentence, to the extent the provisions of RCW 4.24.115 are
<br /> applicable, the City and the Grantee agree that the provisions of section 6.1.4 of this Franchise
<br /> apply.
<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. Indemnification for RF Emissions
<br /> Franchisee 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, radio
<br /> frequency emissions or radiation emitted from the Grantee's Facilities, regardless of whether
<br /> Franchisee's Facilities complies with applicable federal statutes and/or FCC regulations related
<br /> thereto. This indemnity provision shall survive the expiration, revocation, or termination of this
<br /> Franchise.
<br /> 6.1.4. RCW 4.24.115
<br /> New Cingular Wireless PCS,LLC
<br /> Small Cell Franchise 13 of 33
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