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<br />B. Any damage to property, injury to or death of any persons, including payments made <br />by the City under any Worker's Compensation Laws or under any plan for employee disability <br />and death benefits, arising out of the erection, maintenance, repair, presence, use, relocation, <br />transfer or removal of the Licensee's Facilities or the proximity of the Licensee's Facilities to the <br />City Facilities or the property of any Other Licensee, or by any act or omission of the Licensee on <br />or in the vicinity of City Facilities; <br /> <br />C. Any property damage, Injury or death arISIng out of the performance or <br />nonperformance of any work or obligation undertaken by the Licensee under this Agreement; <br /> <br />D. Any occurrence· related to the installation, operation, maintenance, or removal of the <br />Licensee's Facilities or Attachments, including liabilities incurred as a result of violation of any <br />law, rule, or regulation of the United States, the State of Texas, the City, or any other <br />governmental entity or administrative agency; and <br /> <br />E. Any violation of any state or federal law arising out of the installation, operation, <br />maintenance, repair, presence or use, relocation, transfer or removal of the Licensee's Facilities, <br />or the proximity of the Licensee's Facilities to City Facilities or the property of any Other <br />Licensee, whether or not the violation also jnvolves a violation by the City or an Other Licensee. <br /> <br />This indemnity obligation will not apply to a claim or demand that results solely from the <br />intentional acts of the City, its officers, employees, agents or contractors. <br /> <br />16.06. This Agreement is not intended and will not be construed as any form of waiver of <br />immunity by the City or any City officer or employee. <br /> <br />16.07. All indemnification obligations of the Licensee under this Agreement are independent of <br />one another; no indemnification provision will be construed in any way to limit any other <br />indemnification provision contained in this Agreement. <br /> <br />16.08 The Licensee will not be liable to the City under this Agreement for any punitive damages. <br /> <br />ARTICLE 17. ASSUMPTION OF RISKS BY LICENSEE; DISCLAIMER OF <br />WARRANTIES BY CITY <br /> <br />17.01. THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE CITY DOES NOT <br />WARRANT THE CONDITION OR SAFETY OF CITY FACILITIES, THE POLES, OR THE <br />PREMISES SURROUNDING THE POLES, AND THE LICENSEE ASSUMES ALL RISKS <br />OF ANY DAMAGE, INJURY OR LOSS OF ANY NATURE WHATSOEVER CAUSED BY <br />OR IN CONNECTION WITH THE LICENSEE'S USE OF CITY FACILITIES, THE POLES, <br />AND ALL ASSOCIATED FACILITIES AND EQUIPMENT ON, WITHIN, OR NEAR THE <br />POLES. <br /> <br />17.02. By executing this Agreement, the Licensee warrants that it has fully acquainted, or will <br />fully acquaint, itself and its employees, contractors and agents with the facilities, conditions, <br /> <br />16 <br />