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advance of any construction or maintenance activities, but they make no commitment to do
<br />SO.
<br />4. Indemnity and Release. Licensee covenants and agrees to indemnify, and does
<br />hereby indemnify, hold harmless and defend city, its officers, agents, contractors, and
<br />employees, from and against any and all claims, losses, causes of action or suits for property
<br />damage (including damage to improvements) or loss and /or personal injury, including death,
<br />including all costs, attorneys' fees, expert fees or other related costs and fees to any and all
<br />persons, of whatsoever kind or character, whether real or asserted, arising out of or in
<br />connection with, directly or indirectly, the construction, maintenance, occupancy, use,
<br />existence or location of said improvement and encroachment and uses granted hereunder,
<br />whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants,
<br />employees, contractors, subcontractors, licensees or invitees of the city; and grantee hereby
<br />assumes all liability and responsibility for such claims or suits. grantee shall likewise assume
<br />all liability and responsibility and shall indemnify city for any and all injury or damage to city
<br />property arising out of or in connection with any and all acts or omissions of grantee, its
<br />officers, agents, servants, employees, contractors, subcontractors, licensees, invitees, or
<br />trespassers.
<br />LICENSEE hereby releases, relinquishes, and discharges the Licensor, its officers,
<br />agents, and employees from all claims, demands, and causes of action of every kind and
<br />character, including the cost of defense thereof, for any injury to or death of any person
<br />(whether employees of either party or other third parties) and any loss of or damage to any
<br />property (whether property of Licensor, its employees, agents, contractors, lessees or of
<br />third parties) that is caused by or alleged to be caused by, arising out of, or in connection
<br />with the Licensor's ownership, use or maintenance of the easement and the performance of
<br />any maintenance, construction, reconstruction, repair, relocation, expansion, or removal of
<br />any of Licensor's facilities on, above or under the easement area. This release shall apply
<br />regardless of whether said claims, demands, and causes of action are covered in whole or in
<br />part by insurance, and in the event of injury, death, property damage, or loss suffered by the
<br />Licensee, any subcontractor, or any person or organization directly or indirectly employed by
<br />any of them. This release shall apply regardless of whether such injury, death, loss, or
<br />damage was caused in whole or in part by the negligence of the Licensor.
<br />5. Obligations of Licensee. Licensee, at its own expense, shall restore or cause to be
<br />restored the subject property to as good a condition as existed prior to construction of the
<br />improvements which are the subject of this License Agreement. Licensee shall pay all costs of
<br />relocation of any public utilities or facilities that may be incurred as a result of the proposed
<br />construction or actual construction. In the event that any installation, reinstallation, relocation or
<br />repair of any existing or future right -of -way, utility or improvements owned by, constructed by or
<br />on behalf of the public or at public expense is made more costly by virtue of the construction,
<br />maintenance or existence of such encroachment and use, Licensee shall pay to Licensor an
<br />additional amount equal to such additional cost as determined by the City Manager or designee.
<br />The Licensee will own and maintain the Improvements at its sole cost and expense. Licensee
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<br />rn1h:1 tcenses1501 scoff street.doc
<br />7/18/2012
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