|
ARTICLE V
<br />►• u► •► :►• U4,:
<br />5.1 INDEMNIFICATION. Permittee shall indemnify, defend and hold harmless PG&E, its
<br />officers, directors, agents, and employees (collectively, "PG&E Indemnitees"), from and
<br />against all claims, demands, losses, damages, costs, expenses, including workers'
<br />compensation expense, and legal liability connected with or resulting from (i) injury to or
<br />death of persons, including but not limited to employees of PG&E or Permittee; injury to
<br />property of PG&E, Permittee, or a third party, or to natural resources, or violation of any
<br />local, state, or federal law or regulation, including but not limited to, environmental laws
<br />or regulations, or strict liability imposed by any law or regulation; arising out of, related
<br />to, or in any way connected with the Pole Attachments, the exercise by Permittee of the
<br />privileges or performance of any duties contemplated herein, however caused, except to
<br />the extent such claims, demands, losses, damages, costs, expenses, liability, or violation
<br />of law or regulation are caused by the active negligence or willful misconduct of PG&E
<br />Indemnitees; (ii) except as otherwise provided by an applicable PG&E streetlight tariff or
<br />other PG&E tariff, interruption, discontinuance, or interference with Permittee's service,
<br />or economic or commercial loss of Permittee, caused by any act or omission, including
<br />the negligence of any PG&E Indemnities; (iii) Permittee's failure to comply with
<br />applicable rules, regulations or safety standards; and (iv) any and all claims or
<br />assessments of any kind or nature, including increased franchise fees, right of way or
<br />easement fees (the "Right of Way Fees"), made or asserted against a PG&E Indemnitee
<br />by any third party, including any Granting Authority, franchise authority, governmental
<br />authority or other property owner as a result of or in any way connected with the
<br />Permittee's Pole Attachments or this Agreement.
<br />Permittee acknowledges that any claims, demands, losses, damages, costs, expenses, and
<br />legal liability that arise out of, result from, or are in any way connected with the release
<br />or spill of any legally designated hazardous material or waste as a result of the Pole
<br />Attachments or otherwise related to this Agreement are expressly within the scope of this
<br />indemnity, and that the costs, expenses, and legal liability for environmental
<br />investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration,
<br />remedial work, penalties, and fines arising from the violation of any local, state, or
<br />federal law or regulation, attorney's fees, disbursements, and other response costs are
<br />expressly within the scope of this indemnity.
<br />5.2 AD VALOREM INDEMNITY. If the ad valorem property taxes, special assessments,
<br />local improvement district levies, or other levies or taxes (collectively, "Ad Valorem
<br />Taxes") or bases for ad valorem taxation payable by PG&E with respect to the PG&E
<br />Poles or facilities increase as a result of the Permittee's Pole Attachments or an increase
<br />or change attributable to any construction, installation or improvements provided
<br />pursuant to this Agreement, PG&E shall deliver to Permittee copies of relevant tax bills
<br />and supporting materials along with a detailed calculation of such taxes to be paid by
<br />Permittee. Such taxes shall be paid by Permittee within forty-five (45) days of the
<br />delivery to Permittee of such tax bills, supporting materials and calculations, or the due
<br />5
<br />
|