Reso 2012-084 - Laserfiche WebLink

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14. No Liabilitv For Damaae to Telecom Facilities. 14.1 The Indemnitees (as defined in Section 9.1 shall not be liable for any damage from any cause whatsoever to the Telecom Facilities, specifically including, without limitation, damage, if any, resulting from the City's maintenance operations adjacent to the Telecom Facilities or from vandalism or unauthorized use of the Telecom Facilities, except as such damage is solely caused by the gross negligence or willful misconduct of the City, its officers or employees. The Company shall take reasonable precautions against damage to or unauthorized use of the Telecom Facilities. 15. Plans and Specifications and Permits. 15.1 The City shall have the right of prior review and approval of all Plans and Specifications ( Exhibit E ) and shall have the right to inspect the Telecom Facilities at any time during and after installation. The Company shall not commence installation or alteration of the Telecom Facilities, or any portion thereof, until the City has approved the Plans and Specifications and the Company has obtained all applicable permits. Approval of Plans, Specifications and permits shall not release the Company from the responsibility for, or the correction of, any errors, omissions or other mistakes that may be contained in the Plans, Specifications and /or permits. The Company shall be responsible for notifying the City and all other relevant parties immediately upon discovery of such omissions and /or errors. 15.2 The Company agrees to perform any work in furtherance of the Plans, Specifications and permits at Company's sole expense and in accordance with and in a manner that the City is satisfied conforms to the Plans, Specifications and permits as may be approved by the City in furtherance of this Agreement. 15.3 The Company will submit four (4) sets of such Plans and Specifications to the City at the address set forth for Notices in Section 32 herein, which the City shall use for description and acceptance of the Telecom Facilities. The Company shall supply the City any additional information it may request before approving the Plans and Specifications, including but not limited to a Radio Frequency Report, and before /after photo simulations. Submitted plans will be analyzed by City staff for aesthetic and height compatibility with onsite and nearby uses. 15.4 Subsequent to the City's written approval of the Plans, the Company shall apply for and obtain all applicable permits as are required by the City to perform the work described in this Agreement and shall comply with all of the terms and conditions set forth in such permits, including, without limitation, allowing City personnel to inspect the installation of the Telecom Facilities on City property. The Company shall arrange for, obtain and bear costs of all: (1) permits and licenses (including without limitation any fees as required by any federal, state or local law, statue, ordinance, rule or regulation); (2) plan check and inspection fees; (3) environmental impact reports; (4) site preparation; and (5) surface treatment and relocation of any facilities on the Property, as necessary or required for health or safety in the construction or alteration 0