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15. City's Right to Cure Defaults by Permittee. If Permittee fails to perform any of its
<br />obligations under this Permit or repair damage, or if Permittee defaults in the performance of any
<br />of its other obligations under this Permit, then City may, at its sole option, remedy such failure
<br />for Permittee's account and at Permittee's expense by providing Permittee with five (5) business
<br />days' prior written notice of City's intention to cure such default and a reasonable time thereafter
<br />to cure such default if Permittee provides written notice to City of its intent to cure (except that
<br />no such prior notice shall be required in the event of an emergency). Such action by City shall
<br />not be construed as a waiver of any rights or remedies of City under this Permit, and nothing
<br />herein shall imply any duty of City to do any act that Permittee is obligated to perform.
<br />Permittee shall pay to City upon demand, all costs, damages, expenses or liabilities reasonably
<br />incurred by City, including, without limitation, reasonable attorneys' fees, in remedying or
<br />attempting to remedy such default. Permittee's obligations under this Section shall survive the
<br />termination of this Permit.
<br />16. No Costs to City. Except as otherwise provided in this Permit or in the Grant of
<br />Easement, Permittee shall bear all costs or expenses of any kind or nature in connection with its
<br />use of the Permit Area during the term of this Permit, and shall keep the Permit Area free and
<br />clear of any liens or claims of lien arising out of or in any way connected with its use of the
<br />Permit Area.
<br />17. Indemnity. Permittee shall indemnify, defend and hold harmless City, its directors,
<br />officers, agents, employees and contractors (collectively, "Indemnitees"), and each of them, from
<br />and against any and all demands, claims, legal or administrative proceedings, losses, costs,
<br />penalties, fines, liens, judgments, damages and liabilities of any kind to the extent caused by
<br />Permittee (collectively, "Losses") arising out of (a) any injury to or death of any person or
<br />damage to or destruction of any property occurring in, on or about the Permit Area, or any part
<br />thereof, during the term of this Permit whether the person or property of Permittee, its officers,
<br />agents, employees, contractors or subcontractors (collectively, "Agents"), its invitees, guests or
<br />business visitors (collectively, "Invitees"), or third persons, caused by Permittee's use or activity
<br />under this Permit, (b) any material failure by Permittee during the term of this Permit to
<br />faithfully observe or perform any of the terms, covenants or conditions of this Permit, (c)
<br />Permittee's use of the Permit Area or any activities conducted thereon by Permittee, its Agents or
<br />Invitees during the term of this Permit, or (d) any release or discharge, or threatened release or
<br />discharge, of any Hazardous Material in violation of Hazardous Materials law to the extent
<br />caused or allowed by Permittee, its Agents or Invitees during the term of this Permit, on, in,
<br />under or about the Permit Area, any improvements permitted thereon, or into the environment;
<br />except solely to the extent of Losses resulting from the City's breach of this Agreement or the
<br />negligence or willful misconduct of an Indemnitee, or any of their agents or authorized
<br />representatives. The foregoing indemnity shall include, without limitation, reasonable attorneys'
<br />and consultants' fees, investigation and remediation costs and all other reasonable costs and
<br />expenses incurred by the indemnified parties, expressly excluding damages for decrease in the
<br />value of the Permit Area and claims for damages or decreases in the value of adjoining property.
<br />Permittee specifically acknowledges and agrees that it has an immediate and independent
<br />obligation to defend City from any claim which actually or potentially falls within this indemnity
<br />provision even if such allegation is or may be groundless, fraudulent or false, which obligation
<br />arises at the time such claim is tendered to Permittee by City and continues at all times thereafter.
<br />Permittee's obligations under this Section shall survive the expiration or other termination of this
<br />Permit.
<br />18. As Is Condition of Permit Area-, Disclaimer of Representations. Permittee accepts the
<br />Permit Area in its "AS IS" condition, without representation or warranty of any kind by City, its
<br />officers, agents or employees, including, without limitation, the suitability, safety, or duration of
<br />availability of the Permit Area or any facilities on the Permit Area, for Permittee's use. Without
<br />limiting the foregoing, this Permit is made subject to all applicable laws, rules and ordinances
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