2000_0228_packet - Laserfiche WebLink

Home

Metricom. To the extent the City has actual knowledge thereof,the City will attempt promptly to inform Metricom of the displacement or removal of an,r pole on which any Radio is located. 5.1 Relocations at Metricom's Request In the event Metricom desires to relocate any Radios from one Municipal Facility to another, Metricom shall so advise City. City will use reasonable efforts to accommodate Metricom by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Use Agreement 5.2 Damage to Public Right of Way.Whenever the removal or relocation of Radios is required or permitted under this Use Agreement, and such removal or relocation shall cause the Public Right of Way to be damaged, Metricom, at its sole cost and expense, shall promptly repair and return the Public Right of Way in which the Radios are located to a safe and satisfactory condition in accordance with applicable Laws, normal wear and tear excepted. If Metricom does not repair the site as just described, then the City shall have the option, upon fifteen (15) days' prior written notice to Metricom, to perform or cause to be performed such reasonable and necessary work on behalf of Metricom and to charge Metricom for the proposed costs to be incurred or the actual costs incurred by the City at City's standard rates. Upon the receipt of a demand for payment by the City, Metricom shall promptly reimburse the City for such costs. 6 JNDBkKMCAnON AND WAIVM.Metricom agrees to indemnify, defend, protect, and hold harmless the City, its council members, officers, and employees from and-against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgements, and ail costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses") directly or proximately resulting from Metricom's activities undertaken pursuant to this Use Agreement, except to the extent 4rising from or caused by the negligence or willful misconduct of the City, its council members, officers, employees, agents, or contractors The foregoing notwithstanding, Metricom shall defend and indemnify the City, and its officers and employees, even in the case of negligence, unless the allegations allege (a) independent negligence on the part of the City, its officers and employees or (b) a wrongful act or omission on the part of the City or its officers or employees. Metricom shall also defend and indemnify the City, its officers and employees, even in the case of negligence, if the allegations are Right-of- Way Permit and Facility Use Agreement G r of Rosevflle::Metricom,Inc. Page 10 of 16