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2. ANY VIOLATION BY THE LICENSEE OR ITS OFFICERS, EMPLOYEES, <br />AGENTS OR CONTRACTORS, OF ANY STATE OR FEDERAL LAW ARISING OUT OF <br />THE INSTALLATION, OPERATION, MAINTENANCE, REPAIR, PRESENCE OR USE, <br />RELOCATION, TRANSFER OR REMOVAL OF THE LICENSEE'S FACILITIES, OR <br />THE PROXIMITY OF THE LICENSEE'S FACILITIES TO CITY FACILITIES OR THE <br />PROPERTY OF ANY OTHER LICENSEE, WHETHER OR NOT THE VIOLATION ALSO <br />INVOLVES A VIOLATION BY THE CITY OR AN OTHER LICENSEE; <br />3. CLAIMS OF GOVERNMENTAL BODIES, PROPERTY OWNERS, OR OTHERS <br />ALLEGING THAT THE LICENSEE DOES NOT HAVE A SUFFICIENT RIGHT OR <br />AUTHORITY FOR PLACING OR MAINTAINING THE LICENSEE'S FACILITIES AT <br />ANY LOCATION; <br />4. CLAIMS OR CAUSES OF ACTION CAUSED BY OR RELATING IN ANY WAY <br />TO A BREACH OF THIS AGREEMENT OR ANY VIOLATION OF THIS AGREEMENT <br />BY THE LICENSEE OR ITS EMPLOYEES, AGENTS OR CONTRACTORS; <br />5. CLAIMS OF OTHER LICENSEES ALLEGING INTERFERENCE FROM THE <br />LICENSEE'S FACILITIES OR DAMAGE TO THE FACILITIES OF THE OTHER <br />LICENSEES; OR <br />6. CLAIMS RELATING TO THE LICENSEE'S USE OF ITS ATTACHMENTS, <br />INCLUDING WITHOUT LIMITATION CLAIMS OF LIBEL AND SLANDER AND <br />INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. <br />THIS INDEMNITY OBLIGATION WILL NOT APPLY TO A CLAIM OR DEMAND THAT <br />RESULTS SOLELY FROM THE GROSS NEGLIGENCE OR INTENTIONAL <br />MISCONDUCT OF THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS OR <br />CONTRACTORS. <br />Section 16.06. This Agreement is not intended and will not be construed as any form of waiver of <br />immunity against liability or suit by the City or any City officer or employee. <br />Section 16.07. All indemnification obligations of the Licensee under this Agreement are independent <br />of one another; no indemnification provision will be construed in any way to limit any other <br />indemnification provision contained in this Agreement. <br />Section 16.08. The Licensee will not be liable to the City under this Agreement for any punitive <br />damages. <br />17 <br />C: \Documents and Settings\tamara.slade \Local Settings \Temporary Internet Files \Content.Outlook \F3JWG5DH \San Marcos <br />PAA FINAL CLEAN 10 17 201 I.doex <br />