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<br />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 />
<br />I. 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 />
<br />3. Indemnification of City.
<br />
<br />a. City, its officers, boards, committees, commiSSions, 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 />
<br />b. Grantee shall indemnify, defend, and hold harmless City, its officers,
<br />boards, committees, commissions, elected officials, employees and agents,
<br />from and against all liability, damages, and penalties which they may
<br />legally be required to pay as a result of the City's exercise, administration.
<br />or enforcement of the Franchise.
<br />
<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 Right-of-Way or public place or with
<br />the construction or reconstruction of a sewer or water system.
<br />
<br />4. Insurance.
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<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 time of its
<br />acceptance of this Franchise, and at all times 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 />its officers, elected officials, boards, commissions, agents and employees
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