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<br />2. Any violation by the Licensee or its officers, employees, agents or contractors, of any state <br />or federal law arising out of the installation, operation, maintenance, repair, presence or use, <br />relocation, transfer or removal of the Licensee's Facilities, or the proximity of the Licensee's <br />Facilities to City Facilities or the property of any Other Licensee, whether or not the violation also <br />involves a violation by the City or an Other Licensee; <br /> <br />3. Claims of governmental bodies, property owners, or others alleging that the Licensee does <br />not have a sufficient right or authority for placing or maintaining the Licensee's Facilities at any <br />location; <br /> <br />4. Claims or causes of action caused by or relating in any way to a breach of this Agreement <br />or any violation of this Agreement by the Licensee or its employees, agents or contractors; <br /> <br />5. Claims of Other Licensees alleging interference from the Licensee's Facilities or damage <br />to the facilities of the Other Licensees; or <br /> <br />6. Claims relating to the Licensee's use of its Attachments, including without limitation <br />claims of libel and slander and infringement of intellectual property rights. <br /> <br />This indemnity obligation will not apply to a claim or demand that results solely from the intentional <br />acts of the City, its officers, employees, agents or contractors. <br /> <br />Section 16.06. This Agreement is not intended and will not be construed as any form of waiver of <br />immunity against liability by the City or any City officer or employee. <br /> <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 /> <br />Section 16.08. The Licensee will not be liable to the City under this Agreement for any punitive <br />damages. <br /> <br />ARTICLE 17. ASSUMPTION OF RISKS BY LICENSEE; DISCLAIMER OF <br />WARRANTIES BY CITY <br /> <br />Section 17.01. THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE CITY DOES <br />NOT WARRANT THE CONDITION OR SAFETY OF CITY FACILITIES, THE POLES, OR THE <br />PREMISES SURROUNDING THE POLES, AND THE LICENSEE ASSUMES ALL RISKS OF <br />ANY DAMAGE, INJURY OR LOSS OF ANY NATURE WHATSOEVER CAUSED BY OR IN <br />CONNECTION WITH THE LICENSEE'S USE OF CITY FACILITIES, THE POLES, AND ALL <br />ASSOCIATED FACILITIES AND EQUIPMENT ON, WITHIN, OR NEAR THE POLES. <br /> <br />Section 17.02. By executing this Agreement, the Licensee warrants that it has fully acquainted, or <br />will fully acquaint, itself and its employees, contractors and agents with the facilities, conditions, <br /> <br />16 <br /> <br />C:\TEMP\Grande pole art final. doc <br />