Agmt 2019 MLA for Small Cell Pole Attachment

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or in part or to otherwise seek redress against the City. Licensee waives any rights under any current or future Laws to terminate this Master License or any Pole License, to receive any abatement, diminution, reduction or suspension of payment of any amounts due under this Master License, or to compel the City to waive any rights of City under this Master License 13.2 Personnel Safety Training. 13.2.1 CPUC Certification. Licensee shall ensure that all persons installing, operating, or maintaining its Equipment are appropriately trained and licensed by the California State Contractors Licensing Board and as required by applicable regulations and rules of the California Public Utilities Commission (the "CPUC"). Licensee shall ensure that these persons are trained in and observe all safety requirements established by the City, the CPUC, and the California Division of Occupational Safety & Health, Department of Industrial Relations, including site orientation, tag -out lock -out de- energization rules, ladder and lift restrictions, and sidewalk and street right-of-way safety requirements. 13.2.2 Licensee's Indemnity. During any period when Licensee or any Agent of Licensee is installing, operating, or maintaining its Equipment, Licensee acknowledges and agrees that the City has delegated control of the License Area to Licensee, which will be solely responsible for any resulting injury or damage to property or persons, except for injury or damage resulting from the City's negligence, recklessness, or willful misconduct. The City is not a co -employer of any employee of Licensee or any employee of Licensee's Agents, and the City will not be liable for any Claim of any employee of Licensee or any employee of Licensee's Agents, except for Claims arising from the City's negligence, recklessness, or willful misconduct. Licensee agrees to Indemnify the City fully (as provided in Article 18 (Indemnification)) against any Claim brought by any employee of Licensee, any employee of Licensee's Agents, or any third party arising from or related to Licensee's access to and use of the License Area and other activities of Licensee or its Agents in or around the License Area, except to the extent the Claims result from the City's negligence, recklessness, or willful misconduct. 13.2.3 City's Indemnity. During any period when the City or any Agent of the City is installing, operating, or maintaining its Equipment, the City acknowledges and agrees that the City has control of the License Area and will be solely responsible for any resulting injury or damage to property or persons, except for injury or damage resulting from Licensee's negligence, recklessness, or willful misconduct. Licensee is not a co - employer of any employee of the City or any employee of the City's Agents, and Licensee will not be liable for any Claim of any employee of the City or any employee of Licensor's Agents, except for Claims arising from Licensee's negligence, recklessness, or willful misconduct. The City agrees to Indemnify Licensee fully against any Claim brought by any employee of the City or any employee of the City's Agents arising from or related to the City's access to and use of the License Area and other activities of the City or its Agents in or around the License Area, except for injury or damage resulting from Licensee's negligence, recklessness, or willful misconduct. 13.3 Compliance with CPUC General Order 95. Licensee shall conduct all activities on the License Area in accordance with CPUC General Order 95 and the rules and other requirements enacted by the CPUC under that General Order, as applicable and as amended. 13.4 Compliance with Electric Codes. Licensee shall conduct all activities on the License Area in accordance with the requirements of California Electric Code, National Electric Safety Code IEEE C2 ("NESC"), and 24