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<br />and to participate in cost-sharing for the joint trench and ducts, when such joint utility <br /> <br />installations are being planned for or such opportunities exist in any area; provided that such <br /> <br />activities do not impair or disrupt Telecommunications Services of MFN. <br /> <br />13. Records and Field Locations. MFN <br /> <br />shall <br /> <br />maintain <br /> <br />accu rate <br /> <br />maps <br /> <br />and <br /> <br />improvement plans of said Fiber Optic Network Facilities located within the City of Redwood <br /> <br />City. The maps and plans are to accurately show in detail the location, size, depth and <br /> <br />description of all facilities as constructed. Prior to City acceptance of the work, MFN shall <br /> <br />deliver to the Director, free of charge, and within thirty (30) days after such request, such maps <br /> <br />and plans of all Fiber Optic Network Facilities installed within said Public Right-of-Way. When <br /> <br />required by the City for the purpose of confirming the location of Facilities to accomplish the <br /> <br />design or construction of public facilities, MFN shall, at its sole cost and expense, expose by <br /> <br />potholing to a depth of one (1) foot below the bottom of its subsurface Fiber Optic Network <br /> <br />Facilities, within thirty (30) days of receipt of a written request from City to do so. <br /> <br />14. Hold Harmless. Indemnification. and Waiver. <br /> <br />(a) <br /> <br />MFN, jointly and severally, for itself, its successors, agents, contractors and <br /> <br />employees, hereby agrees to hold harmless, defend (with counsel selected by MFN and <br /> <br />reasonably satisfactory to City) and indemnify City, its officers, Council members, employees <br /> <br />and agents (all of the above hereinafter collectively known as "Indemnitees"), from and against <br /> <br />all claims, cause of actions, proceedings, losses, damages, liability, cost, and expense <br /> <br />(including, without limit, any fines, penalties, judgments, litigation costs, attorney's fees and <br /> <br />consulting, engineering and construction costs) for actual loss of or damage to property and for <br /> <br />injuries to or death of any person (including, but not limited to, the property and employees of <br />each party) ("Liability") to the extent caused by, or alleged to have been caused by, in whole or <br /> <br />in part, any act or omission to act, negligent or otherwise, of MFN, its officers, agents, or <br /> <br />Agmt-409 <br />f/shlshIRedwood <br />FXS:rg <br />10/05/00 <br /> <br />16 <br />