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<br />addressed to Permittee at the address set forth above, and mailed or delivered to <br /> <br />Permittee at said address. <br /> <br />2. <br /> <br />City's Access. <br /> <br />City reserves the right to unlimited access to the City <br /> <br />Right-of-Way, or any part thereof for municipal purposes, including, but not limited to, <br /> <br />the performance of maintenance and repairs of any and all structures or public <br /> <br />improvements, heretofore or hereafter installed and/or constructed in or upon the City <br /> <br />Right-of-Way, the inspection of the right-of-way, the use, maintenance, repair of <br /> <br />adjoining areas or for any other purpose in furtherance of City's use of the right-of-way. <br /> <br />Notwithstanding the foregoing, City shall extend reasonable efforts not to interfere with <br /> <br />Permittee's use and occupancy of the right-of-way in exercising its rights under this <br /> <br />paragraph. <br /> <br />3. <br /> <br />Maintenance. <br /> <br />Permittee agrees to maintain the decorative up-lighting <br /> <br />fixtures, flush-mounted in the sidewalk, its lighting system with appurtenances <br /> <br />completely concealed within the sidewalk in a clean and good working order and free <br /> <br />from defects at Permittee's sole cost and expense. <br /> <br />4. <br /> <br />Hold Harmless: Release. <br /> <br />Permittee shall be solely responsible and <br /> <br />liable for all damages to persons or property, including injury to or death of, persons <br /> <br />and loss of use of property, due directly or indirectly to Permittee's use and occupancy <br /> <br />of the right-of-way and shall defend, indemnify and hold City, its Council, officers, <br /> <br />boards, commissions, agents and employees harmless from any and all suits, actions, <br /> <br />damages, or claims to which City may be subjected by reason of said use and <br /> <br />occupancy of the City Right-of-Way hereunder. <br /> <br />Atty/Permits/2006.019 <br />032406 <br /> <br />2 <br />