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8N Consent 2011 0207
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8N Consent 2011 0207
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Last modified
2/15/2011 9:57:39 AM
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2/3/2011 5:58:10 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
2/7/2011
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_CC Agenda 2011 0207
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0207
Reso 2011-016
(Reference)
Path:
\City Clerk\City Council\Resolutions\2011
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• <br /> • <br /> Improvement therein. <br /> 8. If Licensee shall fail to comply or to commence and diligently proceed <br /> toward compliance with any instructions of City Council of City or City Manager • <br /> with respect to the location of said pipelines or the repair of any damage to <br /> streets, ways, alleys, places or other public improvements therein, after the . <br /> service of written notice upon Licensee requiring compliance therewith, then <br /> the City Manager may immediately cause to be done whatever.vork is necessary to <br /> carry out the instructions at the coat and expense of Licensee, which coat <br /> Licensee agrees to pay upon demand. <br /> It shall be the policy and intent'of City that the City Manager give as <br /> much advance notice, as aforesaid, written or oral in his discretion, as is <br /> practical' depending upon the certainty of the date that public work is to com- <br /> mence but notwithstanding this policy and intent of City, it shall be the <br /> responsibility of'Licenaee to maintain appropriate arrangements sufficient to <br /> respond promptly to any such notice of City Manager and Licensee shall have no . ' • <br /> recourse whatsoever against City for any•losa or damage that may be occasioned <br /> • to Licensee by any such work or inadequacy of or failure to give any such notice. <br /> 9. Licensee shall hold City, its authorized officers, agents and employees, <br /> harmless from and indemnify it and them against any'and all liability or lose <br /> resulting from claims for damages by any person arising out of the acts or omissions <br /> of Licensee, its agents or employees in the performance of any work'authorized <br /> hereunder or arising out of the existence, reconstruction or maintenance of.pipo- <br /> linen within the public streets, ways, alleys and places. <br /> 10. It is expressly understood and agreed that by City's granting the license. <br /> described herein, it-in no way expresses or implies any warranty whatsoever of its <br /> power, right or authority to grant the license herein described and Liceneee <br /> • <br /> expressly accepts and assumes thie license and all obligations and liabilities <br /> thereunder at its own risk and without recourse to City. Licensee further expressly <br /> agrees to hold City, its officers, agents and employees, harmleee from and to <br /> indemnify it and them against any and all claims and litigations and suite against. <br /> City, its officers, agents and employees arising from or in any vay connected <br /> • <br /> • _S_ <br /> • <br />
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