Laserfiche WebLink
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 />