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<br />jurisdiction. <br /> <br />NEXTLINK shall indemnify, hold harmless and defend Indemnitees (with <br /> <br />counsel selected by NEXTLINK and reasonably satisfactory to City) against all <br /> <br />Liability incurred by City as a result of NEXTLlNK's breach of this section or as a <br /> <br />result of any such discharge, leakage, spillage, emission or pollution, regardless <br /> <br />of whether such Liability, cost or expense arises during or after the term of this <br /> <br />Agreement. <br /> <br />The obligations of NEXTLINK under this Section 14 shall survive <br /> <br />termination of this Agreement. <br /> <br />Except to the extent of City's gross negligence, willful misconduct or <br /> <br />criminal acts, under no circumstances shall the City be liable or otherwise <br /> <br />responsible to NEXTLINK or its customers for any loss of service, downtime, lost <br /> <br />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 <br /> <br />Agreement by the other party shall not be deemed to be a waiver or a continuing <br /> <br />waiver by that party of any subsequent breach or violation of the same or any <br /> <br />other Provision of this Agreement. <br /> <br />15. Insurance. <br /> <br />(a) <br /> <br />Any person, firm or corporation NEXTLINK authorizes to work upon <br /> <br />the Public Right-of-Way, including any subcontractor, shall be deemed to be <br /> <br />NEXTLlNK's agent and shall be subject to all the applicable terms of this <br /> <br />Agreement. <br /> <br />Prior to entry upon the Public Right-of-Way by such agents, <br /> <br />Sh/rwc/councillagmt <br />Agmt-261 <br />FXS/fs <br />05/11/99 <br /> <br />22 <br />