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5. Right of Use of Property by Licensor and Public Utilities. The Licensor reserves
<br /> the right at all times, for itself and all public utilities authorized to use and maintain the the License
<br /> Area to perfonn construction,maintenance and operation activities on,under or above the License
<br /> Area, including those that involve excavation, trenching, pole and wire placement, or other
<br /> activities that may affect the Improvements or access to the Improvements
<br /> 6. No Enlargement of Improvements. The license granted herein is subject to the
<br /> requirement that the Improvements shall not expanded or altered beyond the specifications and
<br /> plans approved by the City at the time the Improvements are initially installed by Licensee, except
<br /> ordinary maintenance may be performed on the Improvements.
<br /> 7. Indemnity and Release.
<br /> a. Licensee covenants and agrees to indemnify, and does hereby indemnify,hold
<br /> harmless and defend Licensor, its officers, agents, contractors, and employees, from
<br /> and against any and all claims, losses, causes of action or suits for property damage
<br /> (including damage to improvements) or loss and/or personal injury, including death,
<br /> including all costs, attorneys' fees, expert fees or other related costs and fees to any
<br /> and all persons,of whatsoever kind or character,whether real or asserted,arising out
<br /> of or in connection with, directly or indirectly, the construction, maintenance,
<br /> occupancy, use, existence or location of the Improvements and uses granted
<br /> hereunder, whether or not caused, in whole or in part, by alleged negligence of
<br /> officers,agents,servants,employees,contractors,subcontractors,licensees or invitees
<br /> of Licensor; and Licensee hereby assumes all liability and responsibility for such
<br /> claims or suits.Licensee shall likewise assume all liability and responsibility and shall
<br /> indemnify Licensor for any and all injury or damage to Licensor property arising out
<br /> of or in connection with any and all acts or omissions of Licensee, its officers, agents,
<br /> servants, employees, contractors, subcontractors, licensees, invitees,or trespassers.
<br /> b. Licensee hereby releases, relinquishes, and discharges Licensor, its
<br /> officers,agents,and employees from all claims,demands,and causes of action of every
<br /> kind and character, including the cost of defense thereof, for any injury to or death
<br /> of any person (whether employees of either party or other third parties) and any loss
<br /> of or damage to any property (whether property of Licensor, its employees, agents,
<br /> contractors, lessees or of third parties) that is caused by or alleged to be caused by,
<br /> arising out of, or in connection with Licensor's ownership, use or maintenance of the
<br /> License Area and the performance of any maintenance,construction, reconstruction,
<br /> repair, relocation, expansion, or removal of any of Licensor's facilities on, above or
<br /> under the License Area. This release shall apply regardless of whether said claims,
<br /> demands, and causes of action are covered in whole or in part by insurance, and in
<br /> the event of injury, death, property damage, or loss suffered by Licensee, any
<br /> subcontractor, or any person or organization directly or indirectly employed by any
<br /> of them. This release shall apply regardless of whether such injury, death, loss, or
<br /> damage was caused in whole or in part by the negligence of Licensor.
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