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<br />immediately do all things reasonable to avoid injury or damages, direct and incidental, connected
<br />with the work, and will notify the City immediately.
<br />
<br />Section 16.05. A. The Licensee will defend, indemnify and hold harmless the City and its officers
<br />and employees from and against all liability, claims, costs, damages, fines, taxes, penalties, punitive
<br />damages, expenses, demands, lawsuits or disputes, including the reasonable fees of attorneys and
<br />expert witnesses selected by the City, and all other costs and expenses of litigation, arising in
<br />connection with the negligent or intentional acts or omissions of the Licensee or its officers,
<br />employees, agents or contractors related to the installation, operation, maintenance or removal of the
<br />Licensee's Facilities or Attachments, and including, without limitation, the following:
<br />
<br />1. Any damage to property, injury to or death of any persons, including payments made by
<br />the City under any Worker's Compensation Laws or under any plan for employee disability and
<br />death benefits, arising out of the erection, maintenance, repair, presence, use, relocation, transfer or
<br />removal of the Licensee's Facilities, or the proximity of the Licensee's Facilities to the City
<br />Facilities or the property of any Other Licensee, or by any act or omission of the Licensee on or in
<br />the vicinity of City Facilities; or
<br />
<br />2. Any property damage, injury or death arising out of the performance or nonperformance of
<br />any work or obligation undertaken by the Licensee under this Agreement.
<br />
<br />B. The Licensee will defend, indemnify and hold harmless the City and its officers and
<br />employees from and against all liability, claims, costs, damages, fines, taxes, penalties, punitive
<br />damages, expenses, demands, lawsuits or disputes, including the reasonable fees of attorneys and
<br />expert witnesses selected by the City, and all other costs and expenses of litigation, arising in
<br />connection with the following:
<br />
<br />1. 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 by the
<br />Licensee or its officers, employees, agents or contractors, of any law, rule, or regulation of the United
<br />States, the State of Texas, the City, or any other governmental entity or administrative agency;
<br />
<br />2. Any violation by the Licensee or its officers, employees, agents or contractors, of any state
<br />or federal law arising out of the installation, operation, maintenance, repair, presence or use,
<br />relocation, transfer or removal of the Licensee's Facilities, or the proximity of the Licensee's
<br />Facilities to City Facilities or the property of any Other Licensee, whether or not the violation also
<br />involves a violation by the City or an Other Licensee;
<br />
<br />3. Claims of governmental bodies, property owners, or others alleging that the Licensee does
<br />not have a sufficient right or authority for placing or maintaining the Licensee's Facilities at any
<br />location;
<br />
<br />4. Claims or causes of action caused by or relating in any way to a breach of this Agreement
<br />or any violation of this Agreement by the Licensee or its employees, agents or contractors;
<br />
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<br />C:\TEMP\Fiber America pole att.doc
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