|
13. Records and Field Locations. QWEST shall maintain accurate maps and
<br />improvement plans of said Fiber Optic Network Facilities located within the City of Redwood City.
<br />The maps and plans are to accurately show in detail the location, size, depth and description of
<br />all facilities as constructed. Prior to City acceptance of the work, QWEST shall deliver to the
<br />Director, free of charge, and within thirty (30) days after such request, such maps and plans of
<br />all Fiber Optic Network Facilities installed within said Public Right-of-Way. When required by the
<br />City for the purpose of confirming the location of Facilities to accomplish the design or
<br />construction of public facilities, QWEST shall, at its sole cost and expense, expose by potholing
<br />to a depth of one (1) foot below the bottom of its subsurface Fiber Optic Network Facilities,
<br />within thirty (30) days of receipt of a written request from City to do so.
<br />
<br /> 14. Hold Harmless, Indemnification, and Waiver, (a) QWEST, jointly and
<br />
<br />severally, for itself, its successors, agents, contractors and employees, hereby agrees to hold
<br />harmless, defend (with counsel selected by QWEST and reasonably satisfactory to City) and
<br />indemnify City, its officers, Council members, employees and agents (all of the above hereinafter
<br />collectively known as "lndemnitees"), from and against all claims, cause of actions, proceedings,
<br />losses, damages, liability, cost, and expense (including, without limit, any fines, penalties,
<br />judgments, litigation costs, attorney's fees and consulting, engineering and construction costs)
<br />for actual loss of or damage to property and for injuries to or death of any person (including, but
<br />not limited to, the property and employees of each party) ("Liability") to the extent caused by, or
<br />alleged to have been caused by, in whole or in part, any act or omission to act, negligent or
<br />otherwise, of QWEST, its officers, agents, or employees in connection with this Agreement. The
<br />duty of QWEST to indemnify and hold harmless includes the duties to defend as set forth in
<br />Section 2778 of the Civil Code. It is the express intent of the parties that QWEST will indemnify
<br />and hold harmless Indemnitees from any and all claims, suits or actions arising from any cause
<br />whatsoever as set forth above regardless of the existence or degree of fault or negligence on
<br />the part of City, QWEST or any subcontractor or employee of any of these, except to the extent
<br />
<br />Agmt-433 15
<br />F:/Shared/Redwood/Council
<br />FXS:djk
<br />01/04/01
<br />
<br />
<br />
|