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outside the License Area) or loss and /or personal injury, including death, including all •
<br />costs, attorneys' fees, expert fees or other related costs and fees to any and all persons, of
<br />whatsoever kind or character, whether real or asserted, arising out of or in connection
<br />with, directly or indirectly, the construction, maintenance, occupancy, use, existence or
<br />location of said improvement and encroachment and uses granted hereunder, whether or
<br />not caused, in whole or in part, by alleged negligence of officers, agents, servants,
<br />employees, contractors, subcontractors, licensees or invitees of the city; and grantee hereby
<br />assumes all liability and responsibility for such claims or suits. grantee shall likewise
<br />assume all liability and responsibility and shall indemnify city for any and all injury or
<br />damage to city property arising out of or in connection with any and all acts or omissions of
<br />grantee, its officers, agents, servants, employees, contractors, subcontractors, licensees,
<br />invitees, or trespassers.
<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
<br />third parties) that is caused by or alleged to be caused by, arising out of, or in connection
<br />with the Licensor's ownership, use or maintenance of the easement and the performance of
<br />any maintenance, construction, reconstruction, repair, relocation, expansion, or removal of
<br />any of Licensor's facilities on, above or under the easement area. This release shall apply
<br />regardless of whether said claims, demands, and causes of action are covered in whole or in
<br />part by insurance, and in the event of injury, death, property damage, or loss suffered by •
<br />the Licensee, any subcontractor, or any person or organization directly or indirectly
<br />employed by any of them. This release shall apply regardless of whether such injury,
<br />death, loss, or damage was caused in whole or in part by the negligence of the Licensor.
<br />6. Obligations of Licensee. In the event that any installation, reinstallation, relocation
<br />or repair of any existing or future utility or improvements owned by, constructed by or on behalf
<br />of the public or at public expense is made more costly by virtue of the construction, maintenance
<br />or existence of such encroachment and use, Licensee shall pay to Licensor an additional amount
<br />equal to such additional cost as determined by the City Manager or designee.
<br />7. Compliance with Laws and Regulations. Licensee agrees to comply with all laws
<br />and ordinances in the construction and maintenance of said improvements.
<br />8. 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 the Slab
<br />upon the determination by Licensor that such removal is necessary for exercising Licensor's
<br />rights or duties in regard to said easement, or for protecting persons or property, or public
<br />interest in regard to said easement.
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