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17.2.4.1 Licensee constructs or installs any alteration or improvement <br />without the City's prior approval as required by Article 6 (Pole License <br />Approvals), Article 7 (Installation of Equipment), or Article 8 (Alterations) of <br />this Master License. <br />17.2.4.2 Licensee fails to make a 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 manager, <br />before accessing the License Area or following the plan approval procedures <br />as set forth in Article 7 (Installation of Equipment). <br />17.2.4.4 Licensee fails to provide evidence of the 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 issued under it and/or an action for damages, subject to Article 20 (Limitation of City's <br />Liability). <br />17.4 Cumulative Rights and Remedies. <br />All rights and remedies under this Master License are cumulative, except as otherwise <br />provided. <br />18 LICENSEE'S INDEMNITY <br />18.1 Scope of Licensee's Indemnity. <br />Licensee, on behalf of itself and its successors and assigns, shall Indemnify the City <br />"Indemnified Parties", as defined in Section 1.3 (Definitions), from and against any and all <br />liabilities, losses, costs, claims, judgments, settlements, damages, liens, fines, penalties, and <br />expenses, including direct and vicarious liability of every kind (each, a "Claim"), incurred in <br />connection with or arising in whole or in part from: (a) injury to or death of a 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 />Licensee, its Agents, or Invitees, or any person or entity claiming through or under any of them; <br />(d) the presence of or exposure to RFs or EMFs resulting from Licensee's use of the License <br />Area; (e) the condition of the License Area or any occurrence on the License Area from any <br />cause attributable to the events described in clauses (a), u, u, or (d) of this Section; or (f) <br />any acts, omissions, or negligence of Licensee, its Agents, or Invitees, in, on, or about the <br />License Area; except to the extent that such Indemnity is void or otherwise unenforceable under <br />applicable Law in effect on or validly retroactive to the date of this Master License and further <br />except to the 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, consultants, <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 />30 <br />