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ARTICLE 17. ASSUMPTION OF RISKS BY LICENSEE; DISCLAIMER OF WARRANTIES BY CITY Section 17.01. THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE CITY DOES NOT WARRANT THE CONDITION OR SAFETY OF CITY FACILITIES, THE POLES, OR THE PREMISES SURROUNDING THE POLES, AND THE LICENSEE ASSUMES ALL RISKS OF ANY DAMAGE, INJURY OR LOSS OF ANY NATURE WHATSOEVER CAUSED BY OR IN CONNECTION WITH THE LICENSEE'S USE OF CITY FACILITIES, THE POLES, AND ALL ASSOCIATED FACILITIES AND EQUIPMENT ON, WITHIN, OR NEAR THE POLES. Section 17.02. By executing this Agreement, the Licensee warrants that it has fully acquainted, or will fully acquaint, itself and its employees, contractors and agents with the facilities, conditions, difficulties, dangers and restrictions relating to all work that the Licensee will undertake under this Agreement. Section 17.03. THE CITY MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE CITY FACILITIES OR THE POLES, ALL OF WHICH ARE HEREBY DISCLAIMED. THE CITY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Section 17.04. THE LICENSEE ACKNOWLEDGES THAT THE CITY DOES NOT WARRANT THAT THE CITY FACILITIES OR THE POLES ARE PROPERLY LABELED, AND THE LICENSEE AGREES THAT THE CITY IS NOT LIABLE FOR ANY INJURIES OR DAMAGES CAUSED BY OR IN CONNECTION WITH MISSING LABELS OR OTHERWISE IMPROPERLY LABELED FACILITIES, PREMISES, OR POLES. THE LICENSEE FURTHER AGREES TO IMMEDIATELY NOTIFY THE CITY IF LABELS OR TAGS ARE MISSING OR OTHERWISE IMPROPER. Section 17.05. THE LICENSEE ACKNOWLEDGES THAT IT IS FULLY APPRISED AND CONSCIOUS OF, AND FULLY UNDERSTANDS, THE IMMINENT DANGERS, INCLUDING SERIOUS BODILY INJURY OR DEATH FROM ELECTROCUTION, INHERENT IN PERFORMING WORK ON AND NEAR THE POLES, AND ACCEPTS AS ITS DUTY AND SOLE RESPONSIBILITY THE FURNISHING OF COMPETENT SUPERVISION AND SUFFICIENT AND ADEQUATE TOOLS AND EQUIPMENT FOR ITS EMPLOYEES, AND REQUIRING ITS AGENTS, CONTRACTORS AND SUBCONTRACTORS TO FURNISH COMPETENT SUPERVISION AND SUFFICIENT AND ADEQUATE TOOLS AND EQUIPMENT FOR THEIR EMPLOYEES, WITH RESPECT TO THESE DANGERS. ARTICLE 18. INSURANCE Section 18.01. The Licensee will maintain in full force and effect the following types of insurance issued by a company authorized to do business in Texas in at least the following coverage amounts: T e of coverage Per person Per occurrence Prop. damage Or CSL/Umbrella Commercial general liab. $1,000,000 $4,000,000 $1,000,000 1 $5,000,000 18 CADocuments and Settings \tamara.slade \Local Settings \Temporary Internet Files \Content.Outlook \F3JWG5DH \San Marcos PAA FINAL CLEAN 10 17 201 l.docx