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the option to perform such work at Permittee's sole expense, which expense Permittee shall
<br />promptly reimburse to the City within thirty (30) days after receiving an invoice for such expenses,
<br />including all administrative, legal and consultant costs. Before proceeding with removal or
<br />relocation work, the Permittee shall obtain an encroachment permit from the City.
<br />Article VI
<br />DAMAGES
<br />6.1 The Permittee shall be responsible for any damage to the City's street pavements, existing
<br />utilities, curbs, gutters, sidewalks due to its installation, maintenance, repair, or removal of its
<br />Facilities in the Public Rights -Of -Way and public utility or service easements, and shall repair,
<br />replace, and restore in kind the said damaged facilities at its sole expense.
<br />6.2 If any Public Right -Of -Way to be used by the Permittee has preexisting installation(s) placed in said
<br />Right -of -Way, the Permittee shall assume the responsibility to verify the location of the
<br />preexisting installation and notify the City and any third party of the Permittee's proposed
<br />installation. The cost of any work required of such third party or the City to provide adequate
<br />space or required clearance to accommodate the Permittee's installation shall be borne solely by
<br />the Permittee.
<br />Article VII
<br />I IPI ]ar� I�11yLtiY[�LI
<br />7.1 To the fullest extent permitted by law, Permittee, jointly and severally, for itself, its successors,
<br />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
<br />and all claims, demands, losses, damages, liabilities, fines, penalties, charges, administrative and
<br />judicial proceedings and orders, judgments, remedial actions of any kind, all costs and cleanup
<br />actions of any kind, and all costs and expenses incurred in connection with any of the foregoing,
<br />including, without limitation, reasonable attorney's fees and costs of defense (collectively, the
<br />"Losses") arising directly or indirectly from, in connection with or caused by Permittee's
<br />performance under this Permit, and/or the installation, operation, removal and/or repair of the
<br />improvement and Facilities thereunder including, but not limited to, the following: (a) a material
<br />breach of this Permit by Permittee; (b) a material breach of any representation or warranty of
<br />Permittee contained in this Permit; (c) any personal injury or death caused, directly or indirectly,
<br />by any act or omission of Permittee or its employees, sub -grantees, invitees, contractors, sub-
<br />contractors or agents (each of the forgoing "Permittee Personnel") or by any structures of
<br />encroachments placed in, on or under any Public Rights -Of -Way; (d) any loss of or damage to
<br />property caused, directly or indirectly, by any act or omission of Permittee or Permittee Personnel
<br />or by any structures of encroachments placed in, on or under the surface of any Public Rights -Of -
<br />Way or City Property; (e) the use, misuse or failure of any equipment or facility used by Permittee,
<br />Page 8 of 24
<br />REV: 09-17-18 PR
<br />ATTY/AGR.2018.220/Kaiser - Revocable Encroachment Permit
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