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8D Consent Calendar 2018 0917
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8D Consent Calendar 2018 0917
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
9/17/2018
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<br />23 <br /> <br />13 COMPLIANCE WITH LAWS <br />13.1 Current and Future Laws. <br />Licensee shall install, use, and maintain the Equipment in strict compliance with Laws <br />and conditions to Regulatory Approvals relating to the use or occupancy of the <br />License Area, including all Laws relating to health, safety, and radio signal <br />transmission. Any work or installations made or performed by or on behalf of Licensee <br />or any person or entity claiming through or under Licensee is subject to applicable <br />Laws. The parties agree that Licensee’s obligation to comply with all Laws is a <br />material part of the bargained-for consideration under this Master License, <br />irrespective of the degree to which such compliance may interfere with Licensee’s use <br />or enjoyment of the License Area, the likelihood that the parties contemplated the <br />particular Law involved and whether the Law involved is related to Licensee’s <br />particular use of the License Area. No occurrence or situation arising during the Term <br />under any current or future Law, whether foreseen or unforeseen and however <br />extraordinary, will relieve Licensee from its obligations under this Master License or <br />give Licensee any right to terminate this Master License or any Pole License in whole <br />or in part or to otherwise seek redress against the City. Licensee waives any rights <br />under any current or future Laws to terminate this Master License or any Pole <br />License, to receive any abatement, diminution, reduction or suspension of payment of <br />any amounts due under this Master License, or to compel the City to waive any rights <br />of City under this Master License <br />13.2 Personnel Safety Training. <br />13.2.1 CPUC Certification. Licensee shall ensure that all persons installing, <br />operating, or maintaining its Equipment are appropriately trained and licensed by the <br />California State Contractors Licensing Board and as required by applicable regulations <br />and rules of the California Public Utilities Commission (the “CPUC”). Licensee shall <br />ensure that these persons are trained in and observe all safety requirements established <br />by the City, the CPUC, and the California Division of Occupational Safety & Health, <br />Department of Industrial Relations, including site orientation, tag-out lock-out de- <br />energization rules, ladder and lift restrictions, and sidewalk and street right-of-way safety <br />requirements. <br />13.2.2 Licensee’s Indemnity. During any period when Licensee or any Agent of <br />Licensee is installing, operating, or maintaining its Equipment, Licensee acknowledges <br />and agrees that the City has delegated control of the License Area to Licensee, which will <br />be solely responsible for any resulting injury or damage to property or persons, except for <br />injury or damage resulting from the City’s negligence, recklessness, or willful misconduct. <br />The City is not a co-employer of any employee of Licensee or any employee of Licensee’s <br />Agents, and the City will not be liable for any Claim of any employee of Licensee or any <br />employee of Licensee’s Agents, except for Claims arising from the City’s negligence, <br />recklessness, or willful misconduct. Licensee agrees to Indemnify the City fully (as <br />provided in Article 18 (Indemnification)) against any Claim brought by any employee of <br />Licensee, any employee of Licensee’s Agents, or any third party arising from or related to <br />Licensee’s access to and use of the License Area and other activities of Licensee or its <br />Agents in or around the License Area, except to the extent the Claims result from the <br />City’s negligence, recklessness, or willful misconduct. <br />13.2.3 City’s Indemnity. During any period when the City or any Agent of the <br />City is installing, operating, or maintaining its Equipment, the City acknowledges and <br />agrees that the City has control of the License Area and will be solely responsible for any <br />resulting injury or damage to property or persons, except for injury or damage resulting
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