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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 />Section 16.05.
<br />A. THE LICENSEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY
<br />AND ITS OFFICERS AND EMPLOYEES FROM AND AGAINST ALL LIABILITY,
<br />CLAIMS, COSTS, DAMAGES, FINES, TAXES, PENALTIES, PUNITIVE DAMAGES,
<br />EXPENSES, DEMANDS, LAWSUITS OR DISPUTES, INCLUDING THE REASONABLE
<br />FEES OF ATTORNEYS AND EXPERT WITNESSES SELECTED BY THE CITY, AND
<br />ALL OTHER COSTS AND EXPENSES OF LITIGATION, ARISING IN CONNECTION
<br />WITH THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF THE
<br />LICENSEE OR ITS OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS RELATED
<br />TO THE INSTALLATION, OPERATION, MAINTENANCE OR REMOVAL OF THE
<br />LICENSEE'S FACILITIES OR ATTACHMENTS, AND INCLUDING, WITHOUT
<br />LIMITATION, THE FOLLOWING:
<br />1. ANY DAMAGE TO PROPERTY, INJURY TO OR DEATH OF ANY PERSONS,
<br />INCLUDING PAYMENTS MADE BY THE CITY UNDER ANY WORKER'S
<br />COMPENSATION LAWS OR UNDER ANY PLAN FOR EMPLOYEE DISABILITY AND
<br />DEATH BENEFITS, ARISING OUT OF THE ERECTION, MAINTENANCE, REPAIR,
<br />PRESENCE, USE, RELOCATION, TRANSFER OR REMOVAL OF THE LICENSEE'S
<br />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
<br />OMISSION OF THE LICENSEE ON OR IN THE VICINITY OF CITY FACILITIES; OR
<br />2. ANY PROPERTY DAMAGE, INJURY OR DEATH ARISING OUT OF THE
<br />PERFORMANCE OR NONPERFORMANCE OF ANY WORK OR OBLIGATION
<br />UNDERTAKEN BY THE LICENSEE UNDER THIS AGREEMENT.
<br />B. THE LICENSEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY
<br />AND ITS OFFICERS AND EMPLOYEES FROM AND AGAINST ALL LIABILITY,
<br />CLAIMS, COSTS, DAMAGES, FINES, TAXES, PENALTIES, PUNITIVE DAMAGES,
<br />EXPENSES, DEMANDS, LAWSUITS OR DISPUTES, INCLUDING THE REASONABLE
<br />FEES OF ATTORNEYS AND EXPERT WITNESSES SELECTED BY THE CITY, AND
<br />ALL OTHER COSTS AND EXPENSES OF LITIGATION, ARISING IN CONNECTION
<br />WITH THE FOLLOWING:
<br />1. ANY OCCURRENCE RELATED TO THE INSTALLATION, OPERATION,
<br />MAINTENANCE, OR REMOVAL OF THE LICENSEE'S FACILITIES OR
<br />ATTACHMENTS, INCLUDING LIABILITIES INCURRED AS A RESULT OF
<br />VIOLATION BY THE LICENSEE OR ITS OFFICERS, EMPLOYEES, AGENTS OR
<br />CONTRACTORS, OF ANY LAW, RULE, OR REGULATION OF THE UNITED STATES,
<br />THE STATE OF TEXAS, THE CITY, OR ANY OTHER GOVERNMENTAL ENTITY OR
<br />ADMINISTRATIVE AGENCY;
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<br />CADocuments and Settings\tamara.slade \Local SettingsUemporary Internet Files \Content.Outlook \F3JWG5DH \San Marcos
<br />PAA FINAL CLEAN 10 17 201 Ldocx
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