Agmt99 RCN Telecom Services - Laserfiche WebLink

Browse Search

--____---ßXpeD se,- ßX pose -D¥-P olh.oli D 9 _teL a ~ epí h__Q Lo rlEL{1)_footb elow_the _b attom__ot it 5__- ---- subsurface Fiber Optic Network Facilities, within thirty (30) days of receipt of a written request from City to do so. 14. Hold Harmless, Indemnification, and Waiver. (a) RCN, jointly and severally, for itself, its successors, agents, contractors and employees, hereby agrees to hold harmless, defend (with counsel selected by RCN and reasonably satisfactory to City) and indemnify City, its officers, councilmembers, employees and agents (all of the above hereinafter collectively known as "Indemnitees"), from and against all claims, cause of actions, proceedings, losses, damages, liability, cost, and expense (including, without limit, any fines, penalties, judgments, litigation costs, attorney's fees and consulting, engineering and construction costs) for actual loss of or damage to property and for injuries to or death of any person (including, but not limited to, the property and employees of each party) ("Liability") to the extent caused by, or alleged to have been caused by, in whole or in part, any act or omission to act, negligent or otherwise, of RCN, its officers, agents, or employees in connection with this Agreement. The duty of RCN to indemnify and hold harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. It is the express intent of the parties that RCN will indemnify and hold harmless Indemnitees from any and all claims, suits or actions arising from any cause whatsoever as set forth above regardless of the existence or degree of fault or Agmt-245 G\shared\shared\Redw ood\ Co unci I FXS/fs 03/15/99 04/05/99; 04/20/99 22