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Article VI
<br />DAMAGES
<br />6.1 The Permittee shall be responsible for any damage to the City's street pavements, existing utilities,
<br />curbs, gutters, sidewalks due to its installation, maintenance, repair, or removal of its Facilities in the
<br />Public Rights -Of -Way and public utility or service easements, and shall repair, replace, and restore in
<br />kind the said damaged facilities at its sole expense.
<br />6.2 If any Public Right -Of -Way to be used by the Permittee has preexisting installation(s) placed in said
<br />Right -Of -Way, the Permittee shall assume the responsibility to verify the location of the preexisting
<br />installation and notify the City and any third party of the Permittee's proposed installation. The cost of
<br />any work required of such third party or the City to provide adequate space or required clearance to
<br />accommodate the Permittee's installation shall be borne solely by the Permittee.
<br />Article VII
<br />INDEMNIFICATION
<br />7.1 To the fullest extent permitted by law, Permittee, jointly and severally, for itself, its successors, agents,
<br />contractors and employees, agrees to indemnify, defend (with counsel reasonably acceptable to City)
<br />and hold harmless City, its City Council, its officials, officers, employees, representatives, agents and
<br />volunteers and any successors to City's interest from and against any and all claims, demands, losses,
<br />damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders,
<br />judgments, remedial actions of any kind, all costs and cleanup actions of any kind, and all costs and
<br />expenses incurred in connection with any of the foregoing, including, without limitation, reasonable
<br />attorney's fees and costs of defense (collectively, the "Losses') arising directly or indirectly from, in
<br />connection with or caused by Permittee's performance under this Permit, and/or the installation,
<br />operation, removal and/or repair of the improvement and Facilities thereunder including, but not
<br />limited to, the following: (a) a material breach of this Permit by Permittee; (b) a material breach of any
<br />representation or warranty of Permittee contained in this Permit; (c) any personal injury or death
<br />caused, directly or indirectly, by any act or omission of Permittee or its employees, sub -grantees,
<br />invitees, contractors, sub -contractors or agents (each of the forgoing "Permittee Personnel") or by any
<br />structures of encroachments placed in, on or under any Public Right -Of -Way; (d) any loss of or damage
<br />to property caused, directly or indirectly, by any act or omission of Permittee or Permittee Personnel
<br />or by any structures of encroachments placed in, on or under the surface of any Public Right -Of -Way
<br />or City Property; (e) the use, misuse or failure of any equipment or facility used by Permittee, or by
<br />Permittee Personnel, regardless of whether such equipment or facility is furnished, rented, leased or
<br />loaned by or to Permittee; or (f) any tax, fee, assessment or other charge for which Permittee is
<br />responsible; provided, however, Permittee shall not indemnify City, its City Council, its officials,
<br />officers, employees, representatives, agents and volunteers and any successors to City's interest for
<br />REV: 04-14-17 PR
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<br />ATTY/AG R.2017.084/Stanford
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