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AnorOV8|s\. |nsb*|lakiOO of Equipment), Or K8[8tiOOS) Of <br />this Master License. <br />17.2.4.2 Licensee fails to make 8 repair required by Article 10 <br />(Licensee's Maintenance and Repair Obligations) on a timely basis. <br />17.2.4.3 Licensee fails to notify the City, through its project nnonaQe[. <br />before accessing the License Area or following the plan approval procedures <br />as set forth in Article 7 UnoLaU8tiOO of Equipment). <br />17.2.4.4 Licensee fails tOprovide evidence ofthe required bonds and <br />insurance coverage described in Article 19 (Insurance) on a timely basis. <br />17.3 Licensee's Remedy for City Defaults. <br />Licensee's sole remedy for the City's breach or threatened breach of this Master License <br />or any Pole License issued under it will be termination of this Master Agreement or any Pole <br />License iSSU8d under it and/0r an action for damages, subject to Article 20 (Limitation of City's <br />17.4 Cumulative Rights and Remedies. <br />All rights and remedies under this Master License are cumulative, except as otherwise <br />provided. <br />10 LICENSEE'S INDEMNITY <br />18.1 Scope of Licensee's Indemnity. <br />LiD8OS8e, on behalf Ofitself and its successors and 8SSVJna. shall Indemnify the City <br />"Indemnified P8rtieS^.esdefined in Section 1.3 (D8finitions).from and against any and all <br />liabilities, losses, costs, dmirne. judgments, settlements, dGnnogeS. liens, fines, p8O8|h8S. and <br />exp8ns8S, including direct and vicarious |iebi|hv of every kind (88oh. a "Ckainm^), incurred in <br />connection with or arising in vvhOl8 or in part from: (a) injury to or death of person, including <br />employees of Licensee, or loss of or damage to property occurring on or about the License Area <br />or arising in connection with Licensee's or its Agents' or Invitees' authorized or unauthorized use <br />of the License Area; (b) any default by Licensee in the observation or performance of any of the <br />terms, covenants, or conditions of this Master License to be observed or performed on <br />Licensee's part; /C> the use or occupancy or manner Of use or occupancy of the License Area by <br />Lioene88, its Agents, or |nvite8S. Or any p8rSOD Or entity claiming through or under any of them; <br />(d) the presence of or exposure to F<Fs or EMFe resulting from Licensee's use of the License <br />Area; (8) the condition of the License Area or any occurrence on the License Area from any <br />cause attributable to the events described in . Lb), hd. or (d) of this Section; or (f) <br />any Goia. OnniSSiOOs, or negligence Of Licensee, its Agents, or Invitees, in, on, orabout the <br />License Area; except t0the extent that such Indemnity isvoid orotherwise unenforceable under <br />applicable L8vv in effect on or validly retroactive to the date of this yWaokar License and further <br />except iothe extent such Claim is caused by the willful misconduct or gross negligence of the <br />Indemnified Parties. <br />18.2 Indemnification Obligations. <br />Licensee's Indemnification obligation includes reasonable fees of attorneys, CDOSuh3DtS. <br />and experts and related costs, including the City's costs of investigating any Claim. Licensee <br />specifically acknowledges and agrees that it has an immediate and independent obligation to <br />defend the City and the other Indemnified Parties from any Claim that actually or potentially falls <br />within the scope Of Section 18.1 (Scope ofIndemnity) even ifallegations supporting the Claim <br />are groundless, fraudulent, or false, which obligation arises at the time such Q8iDl is tendered to <br />31 <br />