2007-09-26 CC Packet - Laserfiche WebLink

Home Browse Search

DRAFT 9.2.9 If any Letter of Credit is not so replaced or replenished, the City or the Commission may draw on said Leller of Credit for the whole amoul1! thereof and use the proceeds as the City or the Commission determines in its sole discretion. The failure to replace or replenish any Letter of Credit may also, at the option of the City or the Commission, be deemed a default by the Grantee under this Franchise. The drawing on the Letter of Credit by the City 01' the Commission, and use of the money so obtained fix payment or performance of the obligations, dmies and responsibilities of the Grantee which are in derault, shall not be a waiver or release of such derault. 9.2.10 The collection by the City or the Commission of any damages, monies or penalties Ii'om the Letter of Credit shall not arrecl any other right or remedy available to it, nor shall any act, orlhilure to act, by the City or the Commission pursuant to the Letter of Credit, be dcemed a waiver of any right of the City or the Commission pursuant to this Franchise or otherwise. 9.3. Indemnification ofCit\'. 9.3.\ The City and its officers, boards, committees, commissions, elected and appointed officials, cmployees, volunteers and agents shall not he liable ror any loss or damagc to any real or pcrsonal propcrly of any Person, or for any injury to or death of any I)erson, arising out of 01' in connection with Grantee's construction, operation, maintenance, repair or removal or the System and/or the I-Net, or as to any other action or Grantee with respect (0 this Franchise. 9.3.2 Grantee shall indemnity, defend, and hold harmless the City and its oflicers, boards, committees, commissions, elected and appointed officials, employees, volunteers and agents from and against all liability, damages and penalties which they may legally be required to pay as a result of the City's or the Commission's exercise, administration or enforcement of the Franchise. 9.3.3 Nothing in this Franchise relicves a Person from liability arising out of the failure to exercise reasonable care to avoid ir[juring the Grantee's facilities while performing work connected with grading, regrading or changing the line or a Right-of~Way or public place or with the construction orreconstruction or a sewer or water system. 9.3.4 The Grantee shall not be required to indemniry the City (or negligence or misconduct on the part or the City or it~ ollicers, hoards, committees, commissions, elected or appointed officials, employees, volunteers or agents, including any loss or claims. 48 f3