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<br />pumtlve, or consequentIal damages, Qf any fines and penaltIes associated wIth damage to the
<br />LIcensee's Facilities caused by the CIty or ItS officers, employees, agents or contractors.
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<br />16 02. The LIcensee wIll take all necessary precautIOns to protect all persons and property agamst
<br />personal mJury or property damage that may result from the installatIOn, mamtenance or
<br />operatIOn of the LIcensee's FacIhtIes. If, m the CIty'S opmIOn, the LIcensee has not taken any
<br />such necessary precautIOns, the CIty may notify the LIcensee, and the Licensee WIll correct the
<br />SItuatIOn wIthm a reasonable tIme. The Licensee agrees, however, that It IS solely responsible for
<br />the mstallatIOn, maintenance and operatIOn of the LIcensee's facIlItIes, and the CIty does not
<br />assume any such responsibIhty because of the CIty's actIOns or mactIOns.
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<br />16 03 The LIcensee WIll ensure that ItS employees, servants, agents, contractors and
<br />subcontractors have the necessary quahficatIOns, skIll, knowledge, trammg, and expenence to
<br />protect themselves, then fellow employees, employees of the City, and the general pubhc, from
<br />harm or mJury whIle performmg 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 then work to be performed m a safe manner
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<br />16 04 The Licensee understands, acknowledges and agrees that m the performance of work
<br />under this Agreement, the LIcensee and its agents, servants, employees, contractors and
<br />subcontractors wIll work near electncally energIzed hnes, transformers, or other eqUIpment of
<br />CIty, and It IS the mtentIOn of the partIes that the CIty'S electnc servIce WIll not be mterrupted
<br />durmg the contmuance of this Agreement, except m CIrcumstances that may endanger hfe or may
<br />cause senous personal mJury or substantIal property damage The LIcensee agrees that when It IS
<br />necessary to de-energIze any part of the CIty'S electnc utIhty 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 facihtIes are safe for the LIcensee's work. In the event the
<br />CIty de-energIzes any eqUIpment or hne at the Licensee's request, the LIcensee wIll reimburse
<br />the CIty m full for all related costs and expenses mcurred by the CIty In the event the LIcensee
<br />causes or may cause an mterruptIOn of a CIty utIhty serVIce m connectIOn WIth any work by the
<br />LIcensee, the LIcensee wIll Immediately do all thmgs reasonable to aVOId mJury or damages,
<br />dIrect and mCIdental, connected WIth the work, and wIll notIfy the CIty Immediately
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<br />16 05 The LIcensee wIll defend, mdemnIfy and hold harmless the CIty and ItS officers,
<br />employees, agents and contractors from and agamst all hablhty, 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 htIgatIOn, arlSlng m connectIOn WIth the followmg'
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<br />A. Any neghgent or mtentIOnal acts or omIssions of the LIcensee or Its officers,
<br />employees, agents or contractors m connectIOn WIth the mstallatIOn, operatIOn, mamtenance or
<br />removal of the LIcensee's FaclhtIes or Attachments, and mcludmg, WIthout hmltatIOn, the
<br />followmg'
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