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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
<br /> City determines in its sole discretion. The failure to replace or replenish
<br /> any Letter of Credit may also, at the option of the City, be deemed a
<br /> default by Grantee under this Franchise. The drawing on the Letter of
<br /> Credit by City, and use of the money so obtained for payment or
<br /> 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 Letter
<br /> of Credit shall not affect any other right or remedy available to City, nor
<br /> shall any act, or failure to act, by City pursuant to the Letter of Credit, be
<br /> deemed a waiver of any right of City pursuant to this Franchise or
<br /> otherwise.
<br /> 3. Indemnification f Citv.
<br /> a. City, its officers, boards, committees, conunissions, elected officials;
<br /> employees and agents shall not be liable for any loss or damage to any real
<br /> or personal property of any Person, or for any injury to or death of any
<br /> 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
<br /> action of Grantee with respect to this Franchise.
<br /> b. Grantee shall indemnify, defend, and hold harmless City, its officers,
<br /> boards, committees, cornrnissions, elected officials, employees and agents,
<br /> from and against all liability, damages, and penalties which they may
<br /> legally be rewired to pay as a result of the City's exercise, administration,
<br /> 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
<br /> Grantee's facilities while performing work connected with grading,
<br /> regarding, or changing the line of a bight-of-way or public place or with
<br /> the construction or reconstruction of a sewer or water system.
<br /> 4. Insuz'ance.
<br /> a. As a part of the indemnification provided in Section 8.3, but without
<br /> limiting the foregoing, Grantee shall file with City at the tine of its
<br /> acceptance of this Franchise, and at all tunes thereafter maintain in full
<br /> force and effect at its sole expense, a comprehensive general liability
<br /> insurance policy, including broadcaster's/cablecaster's liability and
<br /> contractual liability coverage, in protection of the Grantee, and the City,
<br /> D
<br /> ts officers, elected officials, boards, commissions, agents and employees
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