AgdaPkt 2002-10-14 - Laserfiche WebLink

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(b) Should any discharge, leakage, spillage, emission or pollution of any type occur upon or from the Public Right-of-Way attributable to Level :3's use or occupancy, Level :3 at its expense, shall clean and dispose of all affected property to the reasonable satisfaction of City and any governmental body having jurisdiction. (c) Level 3 shall indemnify, hold harmless and defend Indemnitees (with counsel selected by Level 3 and reasonably satisfactory to City) against all Liability incurred by City as a result of Level 3's 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. (d) The obligations of Level 3 under this Section 14 shall survive termination of this Agreement. (e) 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 subsequent breach or violation of the same or any other Provision of this Agreement. '15. Insurance. Any person, firm or corporation Level 3 authorizes to work upon the Public Right-of-Way, including any subcontractor, shall be deemed to be Level 3's agent and shall be subject to all the applicable terms of this Agreement. Prior to entry upon the Public Right-of-Way by such agents, Level 3 shall provide City with satisfactory evidence (e.g., in the form of a Certificate of Insurance) that it and its contractors or other agents who will obtain access to the Public Right-of-Way pursuant to this Agreement are insured in accordance with the following, which insurance shall remain in effect throughout the term of this Agreement and shall be at the sole cost and expense of Level 3 (or its agents). Prior to the start of the work or entry onto the Public Right-of-way, Level 3 agrees to procure and maintain and to the extent not covered by F:Atty/Agr.076 17 100702