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<br />Section 15.02. The City, at its sole discretion, may require the Licensee to prepay the Attachment
<br />Fees for all new Attachments of the Licensee at the rate specified in Appendix A.
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<br />ARTICLE 16. LIABILITY, WARRANTIES AND INDEMNITY
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<br />Section 16.01. The City reserves to itself the right to maintain and operate the Poles in a manner that
<br />best enables the City to fulfill its own service requirements. The City will endeavor to exercise
<br />reasonable precaution to avoid damaging the Licensee's Facilities, and to make a report to the
<br />Licensee of the occurrence of any such damage caused by the City or its officers, employees, agents
<br />or contractors. The City will reimburse the Licensee for reasonable costs incurred by the Licensee for
<br />the physical repair of the Licensee's Facilities damaged by the negligence of the City, unless the
<br />damage arises in connection with a failure by the Licensee to comply with any provision of this
<br />Agreement. The City will not be liable to the Licensee or to any third party for any interruption of
<br />the Licensee's services or for interference with the operation of the Licensee's Facilities. The City
<br />will not be liable to the Licensee or any third party for any special, indirect, punitive, or
<br />consequential damages, or any fines and penalties associated with damage to the Licensee's
<br />Facilities caused by the City or its officers, employees, agents or contractors.
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<br />Section 16.02. The Licensee will take all necessary precautions to protect all persons and property
<br />against 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 such
<br />necessary precautions, the City may notify the Licensee, and the Licensee will correct the situation
<br />within a reasonable time. The Licensee agrees, however, that it is solely responsible for the
<br />installation, maintenance and operation of the Licensee's facilities, and the City does not assume any
<br />such responsibility because of the City's actions or inactions.
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<br />Section 16.03. The Licensee will require that its employees, servants, agents, contractors and
<br />subcontractors have the necessary qualifications, skill, knowledge, training, and experience to protect
<br />themselves, their fellow employees, employees of the City, and the general public, from harm or
<br />injury while performing work under this Agreement. In addition, the Licensee will furnish its
<br />employees with, and require its agents, contractors and subcontractors to provide., competent
<br />supervision and sufficient and adequate tools and equipment for their work to be performed in a safe
<br />manner.
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<br />Section 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 City,
<br />and it is the intention of the parties that the City's electric service will not be interrupted during the
<br />continuance of this Agreement, except in circumstances that may endanger life or may cause serious
<br />personal injury or substantial property damage. The Licensee agrees that when it is necessary to de-
<br />energize any part of the City's electric utility facilities, the Licensee will ensure that its work is
<br />suspended until the City facilities have been de-energized and that no work is conducted unless and
<br />until the City facilities are safe for the Licensee's work. In the event the City de-energizes any
<br />equipment or line at the Licensee's request, the Licensee will reimburse the City in full for all related
<br />costs and expenses incurred by the City. In the event the Licensee causes or may cause an
<br />interruption of a City utility service in connection with any work by the Licensee, the Licensee will
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<br />C:\TEMP\Fiber America pole att.doc
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