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<br />----~--_-----.O egli gen ce_on_tbe_parLoLGi~_R GtLo Lany- s.u b_contractoLo Lemp i 0 ye.e_of J~I1¥-oi_____- - <br /> <br />these, except to the extent the Liability was the direct result of the negligence or <br /> <br />willful misconduct or criminal acts of the City, its directors, officers, employees <br /> <br />and agents. <br /> <br />Should any discharge, leakage, spillage, emission or pollution of any type <br /> <br />occur upon or from the Public Right-of-Way attributable to RCN's use or <br /> <br />occupancy, RCN at its expense, shall clean and dispose of all affected property to <br /> <br />the reasonable satisfaction of City and any governmental body having jurisdiction. <br /> <br />RCN shall indemnify, hold harmless and defend Indemnitees (with counsel <br /> <br />selected by RCN and reasonably satisfactory to City) against all Liability incurred <br /> <br />by City as a result of RCN's breach of this section or as a result of any such <br /> <br />discharge, leakage, spillage, emission or pollution, regardless of whether such <br /> <br />Liability, cost or expense arises during or after the term of this Agreement. <br /> <br />The obligations of RCN under this Section 14 shall survive termination of <br /> <br />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 RCN 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 />Agmt-245 <br />G\share d\shared\Redwood\Coun e i I <br />FXS/fs <br />03/15/99 <br />04/05/99; 04/20/99 <br /> <br />23 <br />