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<br /> interFere with Permittee's use of the Right-of-Way in exercising its rights under this
<br /> paragraph.
<br /> 5. Improvements. Permittee shall not make, nor cause to be made, nor
<br /> allow to be made, alterations or improvements to the Right-of-Way not otherwise
<br /> specified in this Permit (including installation of any fixture affixed to the Right-of-Way),
<br /> without the prior written consent of City. All improvements or alterations constructed or
<br /> installed shall be removed and the Right-of-Way restored to substantially the same
<br /> condition existing prior to such construction or installation, upon the termination or
<br /> revocation of this Permit, unless the prior written approval of City is secured, allowing
<br /> such improvements or alterations to remain in place, in which case, title thereto shall
<br /> vest in City. All improvements undertaken pursuant to this Permit will be at Permittee's
<br /> sole expense and Permittee will be responsible for the use and care of the
<br /> Improvements.
<br /> 6. Waiver of Claims. City assumes no responsibility for the guarding or
<br /> safekeeping of the improvements installed or constructed by Permittee in connection
<br /> with this Permit. Perm�ttee waives all claims against City, its Council, Boards,
<br /> Commissions, agents, officers, volunteers or employees for any damages to the
<br /> improvements in, upon, above or about the Right-of-Way and for injuries to any
<br /> employees of Permittee or their agents, invitees or sub-permittees in, above or about
<br /> the Right-of-Way from any cause arising at any time.
<br /> 7. Indemnification. Permittee will hold City, its Council, Boards,
<br /> Commissions, agents, officers, volunteers or employees exempt and harmless from any
<br /> damage or injury to any person, or any property, from any cause of action arising at any
<br /> time from the use of the Right-of-Way by Permittee, or from the failure of Permittee to
<br /> keep the Right-of-Way in good condition and repair, including all claims arising out of
<br /> the negligence of Permittee.
<br /> Permittee's indemnification will include any and all costs, expenses, attorneys
<br /> fees and liability incurred by City, its Council, Boards, Commissions, agents, officers,
<br /> volunteers or employees in defending against such claims, whether the same proceed
<br /> to judgment or not.
<br /> Permittee will, at its own expense and upon written request by City, defend any
<br /> such suit or action brought against City, its Council, Boards, Commissions, agents,
<br /> officers, volunteers or employees. Permittee indemnification will not be limited by any
<br /> prior or subsequent declaration by Permittee.
<br /> This section will survive the expiration or termination of this Permit.
<br /> 8. Insurance. Permittee shall secure, carry and maintain at all times in form
<br /> and amount approved by the City Attorney during the period covered by this revocable
<br /> permit, at Permittee's sole cost and expense, commercial general liability and property
<br /> damage insurance, which insurance shall be in the following minimum amounts:
<br /> Atty/Permits/2005.013 2
<br /> 021705
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