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pursuant to the Letter of Credit, be deemed a waiver of any right of the City or the <br /> Commission pursuant to this Franchise or otherwise. <br /> 9.3 Indemnification of City. <br /> 9.3.1 The City and its officers, boards, committees, commissions, elected and appointed <br /> officials, employees, volunteers and agents shall not be liable for any loss or <br /> damage to any real or personal property of any Person, or for any injury to or <br /> death of any Person, arising out of or in connection with Grantee's construction, <br /> operation, maintenance, repair or removal of the System, or as to any other action <br /> of Grantee with respect to this Franchise. <br /> 9.3.2 Grantee shall indemnify, defend, and hold harmless the City and its officers, <br /> boards, committees, commissions, elected and appointed officials, employees, <br /> volunteers and agents from and against all liability, damages and penalties which <br /> they may legally be required to pay as a result of the City's or the Commission's <br /> exercise, administration or enforcement of the Franchise. <br /> 9.3.3 Nothing in this Franchise relieves a Person from liability arising out of the failure <br /> to exercise reasonable care to avoid injuring the Grantee's facilities while <br /> performing work connected with grading, regarding or changing the line of a <br /> Right-of-Way or public place or with the construction or reconstruction of a sewer <br /> or water system. <br /> 9.3.4 The Grantee shall not be required to indemnify the City for negligence or <br /> misconduct on the part of the City or its officers, boards, committees, <br /> commissions, elected or appointed officials, employees, volunteers or agents, <br /> including any loss or claims. <br /> 9.3.5 Grantee shall contemporaneously with this Franchise execute an Indemnity <br /> Agreement in the form of Exhibit A, which shall indemnify, defend and hold the <br /> City and Commission harmless for any claim for injury, damage, loss, liability, <br /> cost or expense, including court and appeal costs and reasonable attorneys' fees or <br /> reasonable expenses arising out of the actions of the City and/or Commission in <br /> granting this Franchise. This obligation includes any claims by another <br /> franchised cable operator against the City and/or Commission that the terms and <br /> conditions of this Franchise are less burdensome than another franchise granted <br /> by the city or that this Franchise does not satisfy the requirements of applicable <br /> state law(s). <br /> 9.4 Insurance. <br /> 9.4.1 As a part of the indemnification provided in Section 9.3, but without limiting the <br /> foregoing, Grantee shall file with the Commission at the time of its acceptance of <br /> this Franchise, and at all times thereafter maintain in full force and effect at its <br /> sole expense, a comprehensive general liability insurance policy, including <br /> 40 <br />