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<br />criminal acts of the City, its directors, officers, employees and agents. <br /> <br />Should any discharge, leakage, spillage, emission or pollution of any type <br /> <br /> <br />occur upon or from the Public Right-of-Way attributable to WILLIAMS' use or <br /> <br />occupancy, WILLIAMS at its expense, shall clean and dispose of all affected <br /> <br />property to the reasonable satisfaction of City and any governmental body having <br /> <br />jurisdiction. <br /> <br />WILLIAMS shall indemnify, hold harmless and defend Indemnitees (with <br /> <br />counsel selected by WILLIAMS and reasonably satisfactory to City) against all <br /> <br />Liability incurred by City as a result of WILLIAMS' breach of this section or as a <br />result of any such discharge, leakage, spillage, emission or pollution, regardless of <br /> <br />whether such Liability, cost or expense arises during or after the term of this <br /> <br />Agreement. <br /> <br />The obligations of WILLIAMS under this Section 14 shall survive <br /> <br />termination of this Agreement. <br /> <br />Except to the extent of City's negligence, willful misconduct or criminal acts, <br /> <br />under no circumstances shall the City be liable or otherwise responsible to <br /> <br />WILLIAMS or its customers for any loss of service, downtime, lost revenue or <br /> <br />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 other <br /> <br />Provision of this Agreement. <br /> <br />RWC/Council/Agmy <br />Agmt-341 <br />FXS/fs <br />03/28/00. O3/30/ooR <br />