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the Liability was the direct result of the negligence or willful misconduct or criminal acts of the <br />City, its directors, officers, employees and agents. <br /> <br /> Should any discharge, leakage, spillage, emission or pollution of any type occur upon or <br />from the Public Right-of-Way attributable to QWEST' use or occupancy, QWEST at its expense, <br />shall clean and dispose of all affected property to the reasonable satisfaction of City and any <br />governmental body having jurisdiction. <br /> <br /> QWEST shall indemnify, hold harmless and defend Indemnitees (with counsel selected <br />by QWEST and reasonably satisfactory to City) against all Liability incurred by City as a result of <br />QWEST' breach of this section or as a result of any such discharge, leakage, spillage, emission <br />or pollution, regardless of whether such Liability, cost or expense arises during or after the term <br />of this Agreement. <br /> <br /> The obligations of QWEST under this Section 14 shall survive termination of this <br />Agreement. <br /> <br /> Except to the extent of City's negligence, willful misconduct or criminal acts, under no <br />circumstances shall the City be liable or otherwise responsible to QWEST or its customers for <br />any loss of service, downtime, lost revenue or profits, or third-party damages. <br /> <br /> (b) The waiver by a party of any breach or violation of any Provision of this Agreement by <br />the other party shall not be deemed to be a waiver or a continuing waiver by that party of any <br />subsequent breach or violation of the same or any other Provision of this Agreement. <br /> <br /> 15. Insurance. (a) Any person, firm or corporation QWEST authorizes to work upon <br />the Public Right-of-Way, including any subcontractor, shall be deemed to be QWEST' agent and <br />shall be subject to all the applicable terms of this Agreement. Prior to entry upon the Public <br />Right-of-Way by such agents, QWEST shall provide City with satisfactory evidence (e.g., in the <br />form of a Certificate of Insurance) that it and its contractors or other agents who will obtain <br />access to the Public Right-of-Way pursuant to this Agreement are insured in accordance with <br />the following, which insurance shall remain in effect throughout the term of this Agreement and <br /> <br />Agmt-433 ] 6 <br />F:/Shared/Redwood/Council <br />FXS:djk <br />01/04/01 <br /> <br /> <br />