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Agmt02 Level 3 Communications
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Agmt02 Level 3 Communications
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Last modified
7/5/2005 2:54:26 PM
Creation date
10/24/2002 4:55:24 PM
Metadata
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Template:
Agreement
Contractor Name
Level 3 Communications
PROJECT NAME
Fiber Optic Cable
RMP File Number
304
Date
10/23/2002
MO Ref
02-292
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agents. <br /> <br /> (b) Should any discharge, leakage, spillage, emission or pollution of any type occur <br />upon or from the Public Right-of-Way attributable to Level 3's use or occupancy, Level 3 at its <br />expense, shall clean and dispose of all affected property to the reasonable satisfaction of City <br />and any governmental body having jurisdiction. <br /> <br /> (c) Level 3 shall indemnify, hold harmless and defend Indemnitees (with counsel <br />selected by Level 3 and reasonably satisfactory to City) against all Liability incurred by City as a <br />result of Level 3's breach of this section or as a result of any such discharge, leakage, spillage, <br />emission or pollution, regardless of whether such Liability, cost or expense arises during or after <br />the term of this Agreement. <br /> <br /> (d) The obligations of Level 3 under this Section 14 shall survive termination of this <br />Agreement. <br /> <br /> (e) The waiver by a party of any breach or violation of any Provision of this <br />Agreement by the other party shall not be deemed to be a waiver or a continuing waiver by that <br />party of any subsequent breach or violation of the same or any other Provision of this <br />Agreement. <br /> <br />'15. Insurance. Any person, firm or corporation Level 3 authorizes to work upon the Public <br />Right-of-Way, including any subcontractor, shall be deemed to be Level 3's agent and shall be <br />subject to all the applicable terms of this Agreement. Prior to entry upon the Public Right-of-Way <br />by such agents, Level 3 shall provide City with satisfactory evidence (e.g., in the form of a <br />Certificate of Insurance) that it and its contractors or other agents who will obtain access to the <br />Public Right-of-Way pursuant to this Agreement are insured in accordance with the following, <br />which insurance shall remain in effect throughout the term of this Agreement and shall be at the <br />sole cost and expense of Level 3 (or its agents). Prior to the start of the work or entry onto the <br />Public Right-of-way, Level 3 agrees to procure and maintain and to the extent not covered by <br /> <br />F:Atty/Agr,076 17 <br />100702 <br /> <br /> <br />
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