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employees in connection with this Agreement. The duty of MFN to indemnify and hold harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. It is the express intent of the parties that MFN will indemnify and hold harmless Indemnitees from any and all claims, suits or actions arising from any cause whatsoever as set forth above regardless of the existence or degree of fault or negligence on the part of City, MFN or any subcontractor or employee of any of these, except to the extent the Liability was the direct result of the negligence or willful misconduct or criminal acts of the City, its directors, officers, employees and agents. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or from the Public Right-of-Way attributable to MFN' use or occupancy, MFN at its expense, shall clean and dispose of all affected property to the reasonable satisfaction of City and any governmental body having jurisdiction. MFN shall indemnify, hold harmless and defend Indemnitees (with counsel selected by MFN and reasonably satisfactory to City) against all Liability incurred by City as a result of MFN' breach of this section or as a result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such Liability, cost or expense arises during or after the term of this Agreement. The obligations of MFN under this Section 14 shall survive termination of this Agreement. Except to the extent of City's negligence, willful misconduct or criminal acts, under no circumstances shall the City be liable or otherwise responsible to MFN or its customers for any loss of service, downtime, lost revenue or profits, or third-party damages. (b) The waiver by a party of any breach or violation of any Provision of this Agreement by the other party shall not be deemed to be a waiver or a continuing waiver by that party of any Agmt-409 f/shlshIRedwood FXS:rg 10/05/00 17