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<br />punitive, or consequential damages, or any fines and penalties associated with damage to the
<br />Licensee's Facilities caused by the City or its offi-cers, employees, agents or contractors.
<br />
<br />16.02. The Licensee will take all necessary precautions to protect all persons and property against
<br />personal injury or property damage that may result from the installation, maintenance or
<br />operation of the Licensee's Facilities. If, in the City's opinion, the Licensee has not taken any
<br />such necessary precautions, the City may notify the Licensee, and the Licensee will -correct the
<br />situation within a reasonable time. The Licensee agrees, however, that it is solely responsible for
<br />the installation, maintenance and operation of the Licensee's facilities, and the City does not
<br />assume any such responsibility because of the City's actions or inactions.
<br />
<br />16.03. The Licensee will ensure that its employees, servants, agents, contractors and
<br />subcontractors have the necessary qualifications, skill, knowledge, training, and experience to
<br />protect themselves, their fellow employees, employees of the City, and the general public, from
<br />harm or injury while performing work under this Agreement. In addition, the Licensee will
<br />furnish its employees, servants, agents, contractors and subcontractors competent supervision and
<br />sufficient and adequate tools and equipment for their work to be performed in a safe manner.
<br />
<br />16.04. The Licensee understands, acknowledges and agrees that in the performance of work
<br />under this Agreement, the Licensee and its agents, servants, employees, contractors and
<br />subcontractors will work near electrically energized lines,· transformers, or other equipment of
<br />City, and it is the intention of the parties that the City's electric service will not be interrupted
<br />during the continuance of this Agreement, except in circumstances that may endanger life or may
<br />cause serious personal injury or substantial property damage. The Licensee agrees that when it is
<br />necessary to de-energize any part of the City's electric utility facilities, the Licensee will ensure
<br />that its work is suspended until the City facilities have been de-energized and that no work is
<br />conducted unless and until the City facilities are safe for the Licensee's work. In the event the
<br />City de-energizes any equipment or line at the Licensee's request, the Licensee will reimburse
<br />the City in full for all related costs and expenses incurred by the City. In the event the Licensee
<br />causes or may cause an interruption of a City utility service in connection with any work by the
<br />Licensee, the Licensee will immediately do all things reasonable to avoid injury or damages,
<br />direct and incidental, connected with the work, and will notify the City immediately.
<br />
<br />16.05. The Licensee will defend, indemnify and hold harmless the City and its officers,
<br />employees, agents and contractors from and against all liability, claims, costs, damages, fines,
<br />taxes, penalties, punitive damages, expenses, demands, lawsuits or disputes, including the
<br />reasonable fees of attorneys and expert witnesses selected by the City, and all other costs and
<br />expenses of litigation, arising in connection with the following:
<br />
<br />A. Any negligent or intentional acts or omissions of the Licensee or its officers,
<br />employees, agents or contractors in connection with the installation, operation, maintenance or
<br />removal of the Licensee's Facilities or Attachments, and including, without limitation, the
<br />following:
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