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11/07/2016 <br /> 2. If the Operator is unable to assume control of the device, <br /> causes the PDD to safely come to an off-roadway stop; and <br /> vii. Obey all traffic and pedestrian control signals and signs. <br /> D. In the case of a technology failure or other circumstances that cause the <br /> PDD to come to a stop in a location other than property owned or leased by Permittee, <br /> the Permittee shall remove the PDD within 12 hours. <br /> E. Indemnity. Permittee agrees to defend, reimburse, indemnify, and hold City <br /> and its City Council, officers, officials, employees, contractors, agents and <br /> representatives (all of the foregoing collectively "Indemnitees") harmless from and <br /> against all actual and alleged liability, loss, cost, claims, demands, causes of action, suits, <br /> legal or administrative proceedings, penalty, deficiency, fine, damage and expense (all of <br /> the foregoing collectively "Claims") resulting from or arising in connection with work, use, <br /> or activities performed by Permittee pursuant to this Permit (including without limitation, <br /> any Claims related to death or injury of any person), whether such work, use, or activities <br /> are performed by the person or property of Permittee, its PDDs, officers, directors, <br /> members, employees, agents, consultants, contractors or subcontractors (collectively, <br /> "Agents"), its invitees, guests or business visitors (collectively, "Invitees"), or third <br /> persons related to the work, use or activities contemplated by this Permit; Claims resulting <br /> from or arising in connection with the failure of Permittee, Permittee's Agents, or <br /> Permittee's Invitees to perform work under this Permit or comply with the terms and <br /> conditions of this Permit; Claims resulting from or arising in connection with the use of <br /> any sidewalks, crosswalks and Public Thoroughfares or the improvements located <br /> thereon by Permittee or Permittee's Agents or Invitees; or Claims arising as a result of or <br /> in connection with any release of any Hazardous Material in, on, under or about the <br /> Property by Permittee, or Permittee's Agents or Invitees, or any other violation of any <br /> Environmental Law by Permittee or Permittee's Agents or Invitees. In addition to <br /> Permittee's obligation to indemnify City, Permittee specifically acknowledges and agrees <br /> that it has an immediate and independent obligation to defend the City from any claim <br /> that actually or potentially falls within this indemnity provision even if such allegation is or <br /> may be groundless, fraudulent or false, which obligation arises at the time such claim is <br /> tendered to Permittee by City and continues at all times thereafter. Permittee's <br /> indemnification obligations under this Permit do not apply to any Claims caused solely by <br /> the gross negligence or willful misconduct of any of the Indemnitees. Permittee's <br /> preceding indemnification obligations shall survive the expiration or earlier termination of <br /> this Permit. The foregoing indemnity shall include, without limitation, reasonable <br /> attorneys', experts' and consultants' fees and costs, investigation and remediation costs <br /> and all other reasonable costs and expenses incurred by the Indemnified Parties. <br /> Permittee's obligations under this Section shall survive the expiration or other termination <br /> of this Permit. City and City Indemnified Parties shall have no liability to Permittee or any <br /> Permittee Party as the result of damage or loss to property or injury or death to any such <br /> person arising on any sidewalk, crosswalk, or Public Thoroughfare or out of the work, use <br /> or activities conducted on any sidewalk, crosswalk, or Public Thoroughfare, except for <br /> Page 4 of 8 <br /> ATTY/RESO.0104/CC RESO STARSHIP TECHNOLOGIES RESO.NO.15535 <br /> REV:11-02-16 JS MUFF NO.604 <br />