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�oA- � 3�0 <br /> expose by potholing to a depth of one (1) foot below the bottom of its subsurface <br /> Fiber Optic Network Facilities, within thirty (30) days of receipt of a written request <br /> from City to do so. <br /> 14. Hold Harmless. Indemnification, and Waiver. <br /> (a) RCN, jointly and severally, for itself, its successors, agents, <br /> contractors and employees, hereby agrees to hold harmless, defend (with counsel <br /> selected by RCN and reasonably satisfactory to City) and indemnify City, its <br /> officers, councilmembers, employees and agents (all of the above hereinafter <br /> collectively known as "Indemnitees"), from and against all claims, cause of actions, <br /> proceedings, losses, damages, liability, cost, and expense (including, without limit, <br /> any fines, penalties, judgments, litigation costs, attorney's fees and consulting, <br /> engineering and construction costs) for actual loss of or damage to property and <br /> for injuries to or death of any person (including, but not limited to, the property and <br /> employees of each party) ("Liability") to the extent caused by, or alleged to have <br /> been caused by, in whole or in part, any act or omission to act, negligent or <br /> otherwise, of RCN, its officers, agents, or employees in connection with this <br /> Agreement. The duty of RCN to indemnify and hold harmless includes the duties <br /> to defend as set forth in Section 2778 of the Civil Code. It is the express intent of <br /> the parties that RCN will indemnify and hold harmless Indemnitees from any and <br /> all claims, suits or actions arising from any cause whatsoever as set forth above <br /> regardless of the existence or degree of fault or negligence on the part of City, <br /> .4emt-374 <br /> Sh/RWGCounci] - �3 - <br /> FXS/fs <br /> OS/O�W <br />