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B. Nothing in this Franchise shall limit nor expand the City's right of eminent domain under State
<br /> law.
<br /> 6. FINANCIAL AND INSURANCE REQUIREMENTS
<br /> 6.1. Indemnification
<br /> 6.1.1. General Indemnification
<br /> For the purposes of this section six, the City means the City, its officers, officials, boards,
<br /> commissions, employees, agents, representatives, and volunteers. Grantee shall indemnify, defend
<br /> and hold the City harmless from any action or claim for injury, damage, loss, liability, cost, or
<br /> expense, including court and appeal costs and attorneys' fees or expenses, arising from any casualty
<br /> or accident to Person or property, including,without limitation, copyright infringement, defamation,
<br /> and all other damages in any way arising out of, or by reason of, any construction, excavation,
<br /> operation,maintenance,reconstruction,or any other act or omission done under this Franchise,by or
<br /> for Grantee,its agents,or its employees,or by reason of Grantee's conduct. Grantee shall consult and
<br /> cooperate with the City while conducting its 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, the obligations of Grantee 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. Notwithstanding
<br /> the proceeding sentence,to the extent the provisions of RCW 4.24.115 are applicable,the City and
<br /> the Grantee agree that the provisions of section 6.1.4 of this Franchise 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 failure
<br /> to remove, secure, 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 frequency
<br /> emissions or radiation emitted from the Grantee's Facilities, regardless of whether Franchisee's
<br /> Facilities complies with applicable federal statutes and/or FCC regulations related thereto. This
<br /> indemnity provision shall survive the expiration,revocation, or termination of this Franchise.
<br /> Seattle SMSA Limited Partnership
<br /> (Verizon Wireless)
<br /> Small Cell Franchise 13 of 33
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