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Article VI
<br />DAMAGES
<br />6.1 The Permittee shall be responsible for any damage to the City's street pavements, existing utilities,
<br />curbs, gutters, sidewalks due to its installation, maintenance, repair, or removal of its Facilities in the
<br />Subject Premises, and shall repair, replace, and restore in kind the said damaged facilities at its sole
<br />expense.
<br />6.2 If any of the Subject Premises to be used by the Permittee has preexisting installation(s) placed therein,
<br />the Permittee shall assume the responsibility to verify the location of the preexisting installation and
<br />notify the City and any third party of the Permittee's proposed installation. The cost of any work
<br />required of such third party or the City to provide adequate space or required clearance to
<br />accommodate the Permittee's installation shall be borne solely by the Permittee.
<br />Article VII
<br />INDEMNIFICATION
<br />7.1 Indemnification. To the fullest extent permitted by law, Permittee, jointly and severally, for itself, its
<br />successors, agents, contractors and employees, agrees to indemnify, defend (with counsel reasonably
<br />acceptable to City) and hold harmless City, its City Council, its officials, officers, employees,
<br />representatives, agents and volunteers and any successors to City's interest from and against any and
<br />all claims, demands, losses, damages, liabilities, fines, penalties, charges, administrative and judicial
<br />proceedings and orders, judgments, remedial actions of any kind, all costs and cleanup actions of any
<br />kind, and all costs and expenses incurred in connection with any of the foregoing, including, without
<br />limitation, reasonable attorney's fees and costs of defense (collectively, the "Losses") arising directly or
<br />indirectly from, in connection with or caused by Permittee's performance under this Permit, and/or the
<br />installation, operation, removal and/or repair of the improvement and Facilities thereunder including,
<br />but not limited to, the following: (a) a material breach of this Permit by Permittee; (b) a material breach
<br />of any representation or warranty of Permittee contained in this Permit; (c) any personal injury or death
<br />caused, directly or indirectly, by any act or omission of Permittee or its employees, sub -grantees,
<br />invitees, contractors, sub -contractors or agents (each of the forgoing "Permittee Personnel") or by any
<br />structures of encroachments placed in, on or under any Public Right -Of -Way; (d) any loss of or damage
<br />to property caused, directly or indirectly, by any act or omission of Permittee or Permittee Personnel or
<br />by any structures of encroachments placed in, on or under the surface of any Public Right -Of -Way or
<br />City Property; (e) the use, misuse or failure of any equipment or facility used by Permittee, or by
<br />Permittee Personnel, regardless of whether such equipment or facility is furnished, rented, leased or
<br />loaned by or to Permittee; or (f) any tax, fee, assessment or other charge for which Permittee is
<br />responsible; provided, however, Permittee shall not indemnify City, its City Council, its officials, officers,
<br />employees, representatives, agents and volunteers and any successors to City's interest for losses
<br />arising from City's gross acts of negligence or willful misconduct. The foregoing indemnity shall include,
<br />without limitation, reasonable fees of attorneys, consultants and experts and related costs and City's
<br />costs of investigating any claims against City. City shall not be responsible to Permittee for any damages,
<br />losses, or liability of any kind occurring by reason of anything done or omitted to be done by City or by
<br />ATTY/AGR/2018.026/275 ORACLE
<br />REV: 02-05-18 PR
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