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as constructed. Prior to City acceptance of the work, Level 3 shall deliver to the Director, free of
<br />charge, and within thirty (30) days after such request, such maps and plans of all Fiber Optic
<br />Network Facilities installed within said Public Right-of-Way. When required by the City for the
<br />purpose of confirming the location of Facilities to accomplish the design or construction of public
<br />facilities, Level 3 shall, at its sole cost and expense, expose by potholing to a depth of one (1)
<br />foot below the bottom of its subsurface Fiber Optic Network Facilities, within thirty (30) days of
<br />receipt of a written request from City to do so.
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<br />14. Hold Harmless, Indemnification~ and Waiver.
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<br /> (a) Level 3, jointly and severally, for itself, its successors, agents, contractors and
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<br />employees, hereby agrees to hold harmless, defend (with counsel selected by Level 3 and
<br />reasonably satisfactory to City) and indemnify City, its officers, Council members, employees
<br />and agents (all of the above hereinafter collectively known as "lndemnitees"), from and against
<br />all claims, cause of actions, proceedings, losses, damages, liability, cost, and expense
<br />(including, without limit, any fines, penalties, judgments, litigation costs, attorney's fees and
<br />consulting, engineering and construction costs) for actual loss of or damage to property and for
<br />injuries to or death of any person (including, but not limited to, the property and employees of
<br />each party) ("Liability") to the extent caused by, or alleged to have been caused by, in whole or in
<br />part, any act or omission to act, negligent or otherwise, of Level 3, its officers, agents, or
<br />employees in connection with this Agreement. The duty of Level 3 to indemnify and hold
<br />harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. It is the
<br />express intent of the parties that Level 3 will indemnify and hold harmless Indemnitees from any
<br />and all claims, suits or actions arising from any cause whatsoever as set fodh above regardless
<br />of the existence or degree of fault or negligence on the part of City, Level 3 or any subcontractor
<br />or employee of any of these, except to the extent the Liability was the direct result of the
<br />negligence or willful misconduct or criminal acts of the City, its directors, officers, employees and
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