1998_0310_packet - Laserfiche WebLink

Home

facilities, the City shall reserve, to and for itself and all registrants having facilities in the vacated right-of-way, the right to install, maintain and operate any facilities in the vacated r i gb t- of-gray and to enter upon such right-of-way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same. ubd. 2* relocation of Facilities. If the vacation requires the relocation of registrant's or permittee's facilities; and (i) if the vacation proceedings are initiated by the registrant or permittee, the registrant or pennittee must pay the relocation costs; or (ii) i f the vacation proceedings are initiated by the City, the reg isrrant or permittee trust pay the relocation costs unless otherwise agreed to by the City and the registrant or perrnittee; or (iii) i f the vacation proceedings are initiated by a person or persons other than the registrant or permittee, such other person or persons must pay the relocation costs. Sect 70 x.28, Indemnification and Liability. By registering with the Director, or by accepting a permit under this Chapter, a registrant or pennittee agrees as follows: n of Liability. By reason of the acceptance of a registration or the grant of a right-of-way permit, the City does not assume any liability (i) for injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the City, or (H) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of facilities by registrants or activities of registrants. Indemnification. A registrant or permittee shall indemnify, keep, and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the issuance of permits or by the construction, maintenance, repair, W nspection, or operation of registrant's or pennittee's facilities located in the right-of-way. The City shall not be indemnified for losses or claims occasioned through its awn negligence except for losses or claims arising out of or alleging the local government unit's negligence as to the issuance of permits or inspections to ensure permit compliance. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts that the registrant or permittee reasonably believes will cause injury or damage, and the performance is nevertheless ordered or directed by the City after receiving notice of the registrant's or permittee's determination, ubd. 3. Defense. If a suit brought against the City under circumstances where the registrant or permittee is required to indemnify, the registrant or permittee, at its sole cost and expense, shall defend the City in the suit if written notice of the suit is promptly given to the registrant or permittee within a period in which the registrant or pennittee is not prejudiced by the lack or delay of notice. If the registrant or permittee is required to indemnify and defends it shall thereafter have control of the litigation, but the registrant or permittee may not settle the litigation without the consent 18