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the event of an emergency or equipment failure, no prior notice shall be required except that
<br />Company shall provide such notice as soon as reasonably practical. .
<br />12. Interference. Company agrees that the Equipment shall be of such types and
<br />frequencies that will not cause interference with: (1) the other existing communications equipment
<br />on the applicable Permit Property (including replacements thereof of the same power and
<br />frequency), (2) the basic telecommunications services of City or any of the other tenants located
<br />on the applicable Permit Property, or (3) the business of City. In the event the Equipment causes
<br />such interference, notwithstanding any other provision in this Agreement to the contrary, Company
<br />shall immediately upon having notice of such interference (whether such notice, in writing or
<br />otherwise, is from City or other persons) take all steps necessary to correct and eliminate the
<br />interference in a reasonable and timely manner, including temporary disconnection and shut down
<br />of the Equipment causing the interference (except for intermittent operation for the purpose of
<br />correcting such interference) until such interference is eliminated. In addition, except as it relates
<br />to City's provision of municipal services (e.g. police, fire and emergency response), City shall not
<br />permit any use of the applicable Permit Property subsequent to execution of a Site Agreement for
<br />the Permit Property that causes interference with the Equipment or Company's ability to send and
<br />receive line -of -sight radio communications. Immediately following notification from Company,
<br />City shall take all steps necessary to correct and eliminate the interference in a reasonable and
<br />timely manner, including temporary disconnection and shut down of the Equipment causing the
<br />interference (except for intermittent operation for the purpose of correcting such interference) until
<br />such interference is eliminated.
<br />13. Indemnification. Company agrees to defend (with counsel reasonably approved by
<br />City) and hold City and its elected and appointed officers, officials, employees, agents and
<br />representatives (all of the foregoing collectively "Indemnitees") harmless from and against all
<br />liability, loss, cost, claim, demand, action, suit, legal or administrative proceeding, penalty,
<br />deficiency, fine, damage and expense (including, without limitation, reasonable attorney's fees
<br />and costs of litigation) (all of the foregoing collectively "Claims") resulting from or arising in
<br />connection with entry upon and use of a Permit Property, including but not limited to Claims
<br />arising from the presence of or exposure to RFs or EMFs resulting from Company's use of a Permit
<br />Property, by Company or Company's agents, employees, consultants, contractors or
<br />subcontractors pursuant to this Agreement or a Site Agreement; except and to the extent caused
<br />by the gross negligence or willful misconduct of Indemnitees. Company's indemnification
<br />obligations set forth in this section shall survive the termination of this Agreement.
<br />14. Release of Claims. Company hereby waives, releases, and discharges forever
<br />Indemnitees from all present and future Claims arising out of or in any way connected with entry
<br />upon a Permit Property by Company or Company's agents, employees, consultants, contractors or
<br />subcontractors pursuant to this Agreement or to a Site Agreement, except and to the extent caused
<br />by the gross negligence or willful misconduct of Indemnitees.
<br />15. Insurance. Throughout the Term of this Agreement and each Site Agreement,
<br />Company and all contractors working on behalf of Company with respect to each Site Agreement
<br />shall maintain a commercial general liability policy in the amount of Two Million Dollars
<br />($2,000,000) combined single limit, or such other policy limit as City may require in its reasonable
<br />discretion, including coverage for bodily injury, property damage, products, completed operations
<br />and contractual liability coverage. Such policy or policies shall be written on an occurrence basis
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