|
caused by any act or omission of Grantee, including but not limited to: (a) Grantee's use of the Public
<br />ways or other areas of the City; (b) the acquisition, construction, reconstruction, erection, installation,
<br />operation, maintenance, repair or extension of Grantee's Wireless Support Structures or Wireless
<br />Facilities; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure,
<br />refusal or neglect of Grantee to perform any duty imposed upon or assumed by Grantee by or under this
<br />Agreement, provided that Grantee shall have no liability for any claim due to the negligence or willful
<br />misconduct of the City, its officers, agents, or employees. In the event that any suit or proceeding shall be
<br />brought against the City at law or in equity, either independently or jointly with Grantee on account
<br />thereof, Grantee, upon notice given to it by the City, will defend the City in any such action or other
<br />proceeding at the cost of the Grantee. In the event of any settlement or final judgment being awarded
<br />against the City, either independently or jointly with Grantee, then Grantee will pay any such settlement or
<br />judgment or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the
<br />City, its officers, agents, and employees free and harmless therefrom.
<br />Without limiting the scope of the foregoing indemnity, neither party shall be liable to the other under this
<br />Agreement for any consequential, special, incidental, punitive, exemplary, and /or indirect damages.
<br />Section 20: Hazardous Materials.
<br />20.1 Grantee shall not, in connection with any activity authorized or approved by this Agreement,
<br />transport, dispose of or release any hazardous substance, material, or waste, except as
<br />necessary in performance of the activities authorized under this Agreement and in any event
<br />Grantee shall comply with all federal, state, and local laws, rules, regulations, and ordinances
<br />controlling air, water, noise, solid wastes, and other pollution, and relating to the storage,
<br />transport, release, or disposal of hazardous material, substances or waste. To the fullest extent
<br />permitted by law, Grantee shall indemnify and hold City, its officers, agents, employees and
<br />volunteers harmless from all costs, claims, damages, causes of action, liabilities, fines or
<br />penalties, including reasonable attorney's fees, resulting from Grantee's violation of this
<br />paragraph and agrees to reimburse City for all costs and expenses incurred by City in eliminating
<br />or remedying such violations. Grantee also agrees to reimburse City and hold City, its officers,
<br />agents, employees and volunteers harmless from any and all costs, expenses, attorney's fees
<br />and all penalties or civil judgments obtained against any of them as a result of Grantee's use or
<br />release of any hazardous substance or waste onto the ground, or into the water or air from, near
<br />or upon City's Property or the Public ways.
<br />20.2 The Grantee shall protect, indemnify, and hold harmless the City from any and all demands for
<br />fees, claims, suits, actions, causes of action, or judgments based on the alleged infringement or
<br />violation of any patent, invention, article, arrangement, or other apparatus that may be used in the
<br />performance of any work or activity arising out of the use of any Wireless Facilities or the
<br />provision of wireless service.
<br />Section 21: Bond. For purposes of this Agreement, Grantee shall be considered a corporation
<br />subject to the jurisdiction of the State Corporation Commission which furnishes utility services within the
<br />City within the meaning of Article II of Chapter 32 of the City Code ( "Right -of -Way Permit "). Prior to
<br />commencing any work hereunder, and at all times while this Agreement remains in force and effect,
<br />Grantee shall comply with the bonding requirements applicable to said entities established under Section
<br />32 -59 of the City Code, as the same may be amended from time to time.
<br />Section 22: Compliance with Laws. Grantee's use of the Public way will be in accordance with and
<br />subject to the City's rights -of -way management regulations, including, but not limited to, Titles 15.2 and
<br />56 of the Code of Virginia, Chapter 32 of the City Code, and all applicable federal, state, and local laws,
<br />statutes, ordinances, regulations, or administrative orders (including, but not limited to, those issued by
<br />the FCC and /or the Virginia State Corporation Commission Division of Public Utility Regulation, or their
<br />successor agencies) and any binding judicial interpretations thereof (collectively, "Laws "). If any Laws
<br />that govern any aspect of the rights or obligations of the parties under this Agreement shall change after
<br />the date hereof and such change makes any aspect of such rights or obligations inconsistent with the
<br />then - effective Laws, then the parties agree to promptly amend the Agreement as reasonably required to
<br />N
<br />
|