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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />, <br /> <br />property. Placement of cell site, repeaters, translators in <br />violation of this section shall subject the Grantee to a fine <br />of not less than $5,ØØØ, or $SØØ per day for each day the <br />site is active, whichever is greater. Continued violation of <br />this section of the Franchise shall be considered a breach of <br />the Franchise agreement. <br /> <br />SECTION 6 EMERGENCY USE OF FACILITIES <br /> <br />In the case of any emergency or disaster, as determined by <br />the City/County councilor its designated official, the <br />Grantee shall, upon request of the City/County make its <br />system available to the City/County without charge for use <br />during the emergency or disaster period. <br /> <br />SECTION 7 OTHER BUSINESS ACTIVITIES <br /> <br />a) This franchise authorizes only the <br />operation of a wireless communications system as provided for <br />herein, and does not take the place of any other franchise, <br />license, or permit which might be required by law of Grantee. <br /> <br />b) The Grantee may utilize its own backhaul <br />network, network facilities from a local exchange carrier, <br />from a properly franchised cable television system or from <br />any properly franchised network provider. This franchise <br />does not require that any existing utility or franchised <br />provider of communications or cable services be required to <br />provide access to the Grantee for poles, cables, conduits or <br />networking 'beyond the requirements of the State Public <br />Utility Commission, Federal Communications Commission or <br />other applicable state or federal law. The Grantee must <br />negotiate all such agreements on its own without the <br />assistance of the City/County and those agreements cannot <br />include, assign, transfer, modify or supercede this franchise <br />agreement. <br /> <br />SECTION 8 PROTECTIVE AND INDEMNITY PROVISIONS <br /> <br />a) The Grantee shall indemnity and hold harmless <br />the City/County its officers, officials, agents and employees <br />from all damages, judgements, claims, expenses and costs <br />including interest, court costs and attorney's fees arising <br />out of or connected with the installation and/or operation of <br />Grantee's system authorized herein, not resulting from <br />City/County gross negligence, willful misconduct or criminal <br />acts as determined by a court of competent jurisdiction. <br /> <br />14 <br />