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10��31 <br /> RCN or any subcontractor or employee of any of these, except to the extent the <br /> Liability was the direct result of the negligence or willful misconduct or criminal acts <br /> of the City, its directors, officers, employees and agents. <br /> Should any discharge, leakage, spillage, emission or pollution of any type <br /> occur upon or from the Public Right-of-Way attributable to RCN's use or <br /> occupancy, RCN at its expense, shall clean and dispose of all affected property to <br /> the reasonable satisfaction of City and any governmental body having jurisdiction. <br /> RCN shall indemnify, hold harmless and defend Indemnitees (with counsel <br /> selected by RCN and reasonably satisfactory to City) against all Liability incurred <br /> by City as a result of RCN's breach of this section or as a result of any such <br /> discharge, leakage, spillage, emission or pollution, regardless of whether such <br /> Liability, cost or expense arises during or after the term of this Agreement. <br /> The obligations of RCN under this Section 14 shall survive termination of <br /> this Agreement. <br /> Except to the extent of City's gross negligence, willful misconduct or <br /> criminal acts, under no circumstances shall the City be liable or otherwise <br /> responsible to RCN or its customers for any loss of service, downtime, lost <br /> revenue or profits, or third-party damages. <br /> (b) The waiver by a party of any breach or violation of any Provision of this <br /> Agreement by the other party shall not be deemed to be a waiver or a continuing <br /> waiver by that party of any subsequent breach or violation of the same or any other <br /> Agmt-374 <br /> Sh/ftWC/Council - � - <br /> F'�S/fs <br /> OA/0'?!(K) <br /> . __ � ..__ _ ._,._ _.T <br />