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Network Facilities installed within said Public Right-of-Way. When required by <br />the City for the purpose of confirming the location of Facilities to accomplish the <br />design or construction of public facilities, BFC shall, at its sole cost and expense, <br />expose by potholing to a depth of one (1) foot below the bottom of its subsurface <br />Fiber Optic Network Facilities, within thirty (30) days of receipt of a written request <br />from City to do so. <br /> <br /> 14. Hold Harmless, Indemnification, and Waiver. <br /> <br /> (a) BFC, jointly and severally, for itself, its successors, agents, <br />contractors and employees, hereby agrees to hold harmless, defend (with <br />counsel selected by BFC and reasonably satisfactory to City) and indemnify City, <br />its officers, councilmembers, employees and agents (all of the above hereinafter <br />collectively known as "lndemnitees"), from and against all claims, cause of <br />actions, proceedings, losses, damages, liability, cost, and expense (including, <br />without limii, any fines, penalties, judgments, litigation costs, attorney's fees and <br />consulting, engineering and construction costs) for actual loss of or damage to <br />property and for injuries to or death of any person (including, but not limited to, <br />the property and employees of each party) ("Liability") to the extent caused by, or <br />alleged tp have been caused by, in whole or in part, any act or omission to act, <br />negligent or otherwise, of BFC, its officers, agents, or employees in connection <br />with this Agreement. The duty of BFC to indemnify and hold harmless includes <br />the duties to defend as set forth in Section 2778 of the Civil Code. It is the <br /> <br /> 12/18/96 <br /> 04/14/97R <br /> 05/06/97R 20 <br /> <br /> <br />