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h. If City draws upon the Letter of Credit or any subsequent Letter of Credit
<br />delivered pursuant hereto, in whole or in part, Grantee shall replace or replenish to its full
<br />amount the same within ten (10) days and shall deliver to City a like replacement Letter
<br />of Credit or certification of replenishment for the full amount stated in Section 9.2(a)
<br />(Letter of Credit and Liquidated Damages) as a substitution of the previous Letter of
<br />Credit. This shall be a continuing obligation for any draws upon the Letter of Credit.
<br />i. If any Letter of Credit is not so replaced or replenished, City may draw on
<br />said Letter of Credit for the whole amount thereof and use the proceeds as City
<br />determines in its sole discretion. The failure to replace or replenish any Letter of Credit
<br />may also, at the option of the City, be deemed a default by Grantee under this Franchise.
<br />The drawing on the Letter of Credit by City, and use of the money so obtained for
<br />payment or performance of the obligations, duties and responsibilities of Grantee which
<br />are in default, shall not be a waiver or release of such default.
<br />j. The collection by City of any damages, monies or penalties from the
<br />Letter of Credit shall not affect any other right or remedy available to City, nor shall any
<br />act, or failure to act, by City pursuant to the Letter of Credit, be deemed a waiver of any
<br />right of City pursuant to this Franchise or otherwise.
<br />Indemnification of City.
<br />a. City, its officers, boards, committees, commissions, elected officials,
<br />employees and agents shall not be liable for any loss or damage to any real or personal
<br />property of any Person, or for any injury to or death of any Person, arising out of or in
<br />connection with Grantee's construction, operation, maintenance, repair or removal of the
<br />System or as to any other action of Grantee with respect to this Franchise.
<br />b. Grantee shall indemnify, defend, and hold harmless City, its officers,
<br />boards, committees, commissions, elected officials, employees and agents, from and
<br />against all liability, damages, and penalties which they may legally be required to pay as
<br />a result of the City's exercise, administration, or enforcement of the Franchise.
<br />C. Nothing in this Franchise relieves a Person, except City, from liability
<br />arising out of the failure to exercise reasonable care to avoid injuring the Grantee's
<br />facilities while performing work connected with grading, regarding, or changing the line
<br />of a Right -of -Way or public place or with the construction or reconstruction of a sewer or
<br />water system.
<br />d. Grantee shall contemporaneously with this Franchise execute an
<br />Indemnity Agreement in the form of Exhibit G, which shall indemnify, defend and hold
<br />the City and Commission harmless for any claim for injury, damage, loss, liability, cost
<br />or expense, including court and appeal costs and reasonable attorneys' fees or reasonable
<br />expenses arising out of the actions of the City and/or Commission in renewal of this
<br />Franchise. The term of the Indemnity Agreement shall not exceed 180 days' from the
<br />Effective Date of this Franchise, unless the City or Commission has received statutory
<br />MA
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