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Property as it existed prior to the commencement of the Company's right to use the
<br />Property prior to the expiration of this Agreement, no later than termination of the
<br />Agreement, provided that termination due to required relocation of the Telecom
<br />Facilities shall be governed by Section 7 . Removal of the Telecom Facilities shall be at
<br />Company's sole cost and expense, except as specifically provided otherwise in this
<br />Agreement.
<br />21.4 Prorated Use Charge Reimbursement In the event of the early
<br />termination of this Agreement (for reasons other than those listed in Sections 21.1 and
<br />5.3(c)), the City will reimburse the Company the unused portion of the Use Charge after
<br />proration and proper computation.
<br />21.5 Remedies Upon the occurrence of an Event of Default, the City, in
<br />addition to any other rights or remedies available to City at law or in equity or as
<br />provided above, shall have the right to: (i) cure the breach underlying the Event of
<br />Default for the account and at the expense of Company; provided that City by prior
<br />notice shall first allow Company a reasonable opportunity to cure, except in cases of
<br />emergency, where City may proceed without prior notice to Company. Company shall,
<br />upon demand, immediately reimburse City for all costs, including costs of settlements,
<br />defense, court costs, and attorney fees, that City may incur in the course of any cure.
<br />No remedy specified in this Agreement shall be considered exclusive of any other
<br />remedy, but the same shall be cumulative and shall be in addition to every other
<br />remedy provided hereunder or now or hereafter existing at law or in equity or by statute,
<br />and every power and remedy provided by this Agreement may be exercised from time
<br />to time and as often as occasion may arise or as may be deemed expedient, subject to
<br />any limitations set forth herein.
<br />22. Indemnification
<br />22.1 To the fullest extent provided by law, the Company shall protect, defend,
<br />indemnify, and hold harmless the City, its officers, officials, employees and agents
<br />against any claim, loss, liability suits, actions, judgments, costs, expenses (including
<br />without limitation attorneys' fees), damages, and causes of action (all of the foregoing,
<br />collectively "Claims ") arising from, or related to, any damage, injury or loss caused by,
<br />or resulting from, the installation, maintenance, operation or use of the Telecom
<br />Facilities, the provision of the Services, or resulting in any way from the Company's
<br />occupation or use of the Property, including, without limitation, that which is due, in
<br />whole or in part, to the willful misconduct or negligent acts (active or passive) or
<br />omissions of the Company, its officers, employees, consultants or agents. Company's
<br />obligation to indemnify and hold harmless excludes only Claims that are due to the
<br />gross negligence, or willful misconduct of the City and /or its employees. All of the
<br />Company's obligations under this Section are intended to apply to the fullest extent
<br />permitted by law and shall survive the expiration or sooner termination of this
<br />Agreement.
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