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all liability and responsibility and shall indemnify Licensor for any and all injury or damage to
<br />Licensor property arising out of or in connection with any and all acts or omissions of
<br />Licensee, its officers, agents, servants, employees, contractors, subcontractors, licensees or
<br />invitees.
<br />LICENSEE hereby releases, relinquishes, and discharges the Licensor, its officers,
<br />agents, and employees from all claims, demands, and causes of action of every kind and
<br />character, including the cost of defense thereof, for any injury to or death of any person
<br />(whether employees of either party or other third parties) and any loss of or damage to any
<br />property (whether property of Licensor, its employees, agents, contractors, lessees or of third
<br />parties) that is caused by or alleged to be caused by, arising out of, or in connection with the
<br />Licensor's ownership, use or maintenance of the Right -of -Way and the performance of any
<br />maintenance, construction, reconstruction, repair, relocation, expansion, or removal of any
<br />of Licensor's facilities on, above or under the right -of -way. This release shall apply regardless
<br />of whether said claims, demands, and causes of action are covered in whole or in part by
<br />insurance, and in the event of injury, death, property damage, or loss suffered by the
<br />Licensee, any subcontractor, or any person or organization directly or indirectly employed by
<br />any of them. This release shall not apply when such injury, death, loss, or damage was
<br />caused in whole or in part by the intentional misconduct of the Licensor, its employees,
<br />agents or contractors.
<br />4. Obligations of Licensee. Licensee, at its own expense, shall restore or cause to be
<br />restored the subject property to as good a condition as existed prior to construction of the
<br />Improvements which are the subject of this License Agreement, reasonbable wear and tear
<br />excepted. Licensee shall pay all reasonable, actual and documented costs of relocation of any
<br />public utilities or facilities that may be incurred as a result of the proposed construction or
<br />actual construction. In the event that any installation, reinstallation, relocation or repair of any
<br />existing or future utility or improvements owned by, constructed by or on behalf of the public
<br />or at public expense is made more costly by virtue of the construction, maintenance or
<br />existence of such encroachment and use, Licensee shall pay to Licensor an additional amount
<br />equal to such additional cost as reasonably determined by the City Manager or designee.
<br />5. Compliance with Laws and Regulations. Licensee agrees to comply with all laws
<br />and ordinances in the construction and maintenance of said Improvements.
<br />6. Removal of Improvements. Licensor retains the right, but not the obligation, to
<br />enter upon the land to which this License applies and at Licensee's expense to remove any
<br />structure, improvements or alterations thereon upon the determination by Licensor that such
<br />removal is necessary for exercising Licensor's rights or duties in regard to said Right -of -Way, or
<br />for protecting persons or property, or public interest in regard to said Right -of -Way.
<br />7. Insurance. This License shall not be effective unless and until Licensee provides
<br />Licensor evidence of insurance in a form acceptable to Licensor's risk manager confirming that
<br />the Licensee has procured a policy of commercial general liability insurance issued by an
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