Reso 2012-084 - Laserfiche WebLink

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6.6 The Company and its employees, agents, contractors and subcontractors shall properly and lawfully transport and dispose of any and all drill cuttings, purged water and Hazardous Materials generated by the work of such parties on the Property. 6.7 The City shall have access to inspect any work conducted by the Company while the installation of the Telecom Facilities is being carried out. 7. Relocation and Removal of Telecom Facilities 7.1 At any time during the Term of this Agreement, the City may require relocation of the Telecom Facilities to a location designated by the City, provided that the City shall provide the Company with a one hundred twenty (120) day prior written notice that the Telecom Facilities must be relocated. 7.2 If the Company fails to remove or relocate the Telecom Facilities or repair or restore the affected areas of the Property within the one hundred and twenty (120) day period, the City Manager, in his or her sole discretion and without limitation with respect to any other rights or remedies which he /she may have, may terminate this Agreement, effective no earlier than seven (7) days after the date of notice of termination and the City may remove any of the Company's property, including the Telecom Facilities from the Property. 7.3 If the City removes the Telecom Facilities pursuant to this Section, the Company shall pay to the City all costs associated with the City's removal of the Telecom Facilities, including any storage costs and costs to repair and restore the Property, within ten (10) days after receipt by the Company of an itemized bill therefor. 8. Title to the Telecom Facilities and Improvements to Property 8.1 Title to the Telecom Facilities shall be and remain with the Company in accordance and compliance with all of the terms of this Agreement. Title to any other improvements to the Property required for the placement of the Telecom Facilities shall be and remain with the City. 9. Environmental Indemnity 9.1 The Company shall indemnify, defend (with counsel approved by the City) and hold the City and its elected and appointed officers, officials, employees, agents and representatives (all of the foregoing, collectively the "Indemnitees ") harmless from and against all Claims arising during the Term of this Agreement and resulting, arising, or based directly or indirectly in whole or in part, upon (i) the presence, release, use, generation, discharge, transport, storage or disposal of any Hazardous Materials (as defined in Exhibit G ) on, under, in or about, or the transportation of any such Hazardous Materials to or from the Property during the Term, (ii) the failure of the Company, the Company's employees, agents, contractors, and subcontractors or any person acting on behalf of any of the foregoing to comply with Hazardous Materials Laws (as defined in Exhibit G ), or (iii) the breach by the Company of any of its covenants contained in this Section The foregoing indemnity shall further apply to any contamination of any 5