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<br />B Any damage to property, InJury to or death of any persons, mcludmg payments made
<br />by the CIty under any Worker's CompensatIOn Laws or under any plan for employee dIsabIl1ty
<br />and death benefits, ansmg out of the erectIOn, mamtenance, repair, presence, use, relocatIOn,
<br />transfer or removal of the LIcensee's Facihties or the proXImIty of the LIcensee's FacIhtIes to the
<br />CIty FaCIhtIes or the property of any Other LIcensee, or by any act or omiSSIOn of the LIcensee on
<br />or m the vIcImty of CIty FacIlItIes,
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<br />C Any property damage, mJury or death ansmg out of the performance or
<br />nonperformance of any work or obhgatIOn undertaken by the LIcensee under this Agreement;
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<br />D Any occurrence related to the mstallatIOn, operatIOn, mamtenance, or removal of the
<br />Licensee's FacIhties or Attachments, mcludmg habIhtIes mcurred as a result of VIOlatIOn of any
<br />law, rule, or regulation of the Umted States, the State of Texas, the CIty, or any other
<br />governmental entIty or admmIstratIve agency; and
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<br />E Any VIOlatIOn of any state or federal law arlSlng out of the mstallatIOn, operatIOn,
<br />mamtenance, repaIr, presence or use, relocatIOn, transfer or removal of the LIcensee's FacIlIties,
<br />or the prOXImIty of the LIcensee's FacihtIes to CIty FacIlIties or the property of any Other
<br />LIcensee, whether or not the VIOlatIOn also mvolves a VIOlatIOn by the CIty or an Other LIcensee
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<br />This mdemnity obhgatIOn wIll not apply to a claim or demand that results solely from the
<br />mtentIOnal acts of the CIty, ItS officers, employees, agents or contractors.
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<br />16 06 ThIS Agreement IS not mtended and wIll not be construed as any form of Waiver of
<br />Immumty by the City or any CIty officer or employee.
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<br />1607 All mdemnIficatIOn obhgatIOns of the LIcensee under thIS Agreement are mdependent of
<br />one another; no mdemnlficatIOn provlSlon WIll be construed m any way to hmIt any other
<br />mdemnificatIOn prOVlSlon contained m thIS Agreement.
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<br />1608 The LIcensee wIll not be hable to the CIty under thIS Agreement for any pumtIve damages.
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<br />ARTICLE 17 ASSUMPTION OF RISKS BY LICENSEE, DISCLAIMER OF
<br />WARRANTIES BY CITY
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<br />1701 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
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<br />17 02. By executmg thIS Agreement, the LIcensee warrants that it has fully acquamted, or wIll
<br />fully acquamt, itself and ItS employees, contractors and agents WIth the faCIhtIes, condItIons,
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