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<br />supervision and sufficient and adequate tools and equipment for their work to be performed in a safe
<br />manner.
<br />
<br />Section 16.04. The Licensee understands, acknowledges and agrees that in the performance of work
<br />under this Agreement, the Licensee and its agents, servants, employees, contractors and
<br />subcontractors will work near electrically energized lines, transformers, or other equipment of City,
<br />and it is the intention of the parties that the City's electric service will not be interrupted during the
<br />continuance of this Agreement, except in circumstances that may endanger life or may cause serious
<br />personal injury or substantial property damage. The Licensee agrees that when it is necessary to de-
<br />energize any part of the City's electric utility facilities, the Licensee will ensure that its work is
<br />suspended until the City facilities have been de-energized and that no work is conducted unless and
<br />until the City facilities are safe for the Licensee's work. In the event the City de-energizes any
<br />equipment or line at the Licensee's request, the Licensee will reimburse the City in full for all related
<br />costs and expenses incurred by the City. In the event the Licensee causes or may cause an
<br />interruption of a City utility service in connection with any work by the Licensee, the Licensee will
<br />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 />
<br />Section 16.05. A. The Licensee will defend, indemnify and hold harmless the City and its officers
<br />and employees from and against all liability, claims, costs, damages, fines, taxes, penalties, punitive
<br />damages, expenses, demands, lawsuits or disputes, including the reasonable fees of attorneys and
<br />expert witnesses selected by the City, and all other costs and expenses of litigation, arising in
<br />connection with the negligent or intentional acts or omissions of the Licensee or its officers,
<br />employees, agents or contractors related to the installation, operation, maintenance or removal of the
<br />Licensee's Facilities or Attachments, and including, without limitation, the following:
<br />
<br />1. Any damage to property, injury to or death of any persons, including payments made by
<br />the City under any Worker's Compensation Laws or under any plan for employee disability and
<br />death benefits, arising out of the erection, maintenance, repair, presence, use, relocation, transfer or
<br />removal of the Licensee's 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 omission of the Licensee on or in
<br />the vicinity of City Facilities; or
<br />
<br />2. Any property damage, injury or death arising out of the performance or nonperformance of
<br />any work or obligation undertaken by the Licensee under this Agreement.
<br />
<br />B. The Licensee will defend, indemnify and hold harmless the City and its officers and
<br />employees from and against all liability, claims, costs, damages, fines, taxes, penalties, punitive
<br />damages, expenses, demands, lawsuits or disputes, including the reasonable fees of attorneys and
<br />expert witnesses selected by the City, and all other costs and expenses of litigation, arising in
<br />connection with the following:
<br />
<br />1. Any occurrence related to the installation, operation, maintenance, or removal of the
<br />Licensee's Facilities or Attachments, including liabilities incurred as a result of violation by the
<br />Licensee or its officers, employees, agents or contractors, of any law, rule, or regulation of the United
<br />States, the State of Texas, the City, or any other governmental entity or administrative agency;
<br />
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