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<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
<br />from Licensee's negligence, recklessness, or willful misconduct. Licensee is not a co-
<br />employer of any employee of the City or any employee of the City’s Agents, and Licensee
<br />will not be liable for any Claim of any employee of the City or any employee of Licensor’s
<br />Agents, except for Claims arising from Licensee's negligence, recklessness, or willful
<br />misconduct. The City agrees to Indemnify Licensee fully against any Claim brought by
<br />any employee of the City or any employee of the City’s Agents arising from or related to
<br />the City’s access to and use of the License Area and other activities of the City or its
<br />Agents in or around the License Area, except for injury or damage resulting from
<br />Licensee's negligence, recklessness, or willful misconduct.
<br />13.3 Compliance with CPUC General Order 95.
<br />Licensee shall conduct all activities on the License Area in accordance with CPUC
<br />General Order 95 and the rules and other requirements enacted by the CPUC under that
<br />General Order, as applicable and as amended.
<br />13.4 Compliance with Electric Codes.
<br />Licensee shall conduct all activities on the License Area in accordance with the
<br />requirements of California Electric Code, National Electric Safety Code IEEE C2 (“NESC”), and
<br />any applicable local electrical code, as any of those codes may be applicable or amended. To
<br />the extent that CPUC General Order 95 does not address installation of cellular telephone
<br />antennas on Poles carrying electrical lines, Licensee shall apply any applicable provisions of the
<br />NESC, with particular attention to paragraphs 224, 235C, 235F, 238, 239, and 239H and
<br />sections 22, 41, and 44. Where any conflict exists between the NESC, the California Electric
<br />Code, any local code, and CPUC General Order 128, the more stringent requirements will apply,
<br />as determined by the City.
<br />13.5 City’s Exercise of its Proprietary Interests.
<br />Licensee acknowledges and agrees that the City is entering into this Master License in its
<br />capacity as a property owner with a proprietary interest in the License Area and not as a
<br />Regulatory Agency with police powers. Nothing in this Master License limits in any way
<br />Licensee’s obligation to obtain required Regulatory Approvals from applicable Regulatory
<br />Agencies. By entering into this Master License, the City is in no way modifying or limiting
<br />Licensee’s obligation to cause the License Area to be used and occupied in accordance with all
<br />applicable Laws.
<br />13.6 Regulatory Approvals.
<br />Licensee represents and warrants that prior to, and as a condition of, conducting its
<br />activities on the License Area, Licensee will acquire all Regulatory Approvals required for
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