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LICENSEE during LICENSEE's period of use and possession of the Premises.
<br />Upon termination of this Agreement, LICENSEE shall, in accordance with all
<br />laws, remove from the Premises any equipment or improvements placed on the
<br />Premises by LICENSEE that may be contaminated by Hazardous Substances.
<br />15. INDEMNIFICATION. To the furthest extent allowed by law, LICENSEE shall indemnify,
<br />hold harmless and defend LICENSOR and its officers, officials, employees, agents and
<br />volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages
<br />(whether in contract, tort or strict liability, including but not limited to personal injury, death
<br />at any time and property damage, including damage by fire or other casualty) incurred by
<br />LICENSOR, LICENSEE, or any other person, and from any and all claims, demands and
<br />actions in law or equity (including attorney's fees and litigation expenses), arising or alleged
<br />to have arisen directly or indirectly out of LICENSEE's: (i) occupancy, maintenance and/or
<br />use of the Premises and/or LICENSEE'S Facilities; or (ii) performance of, or failure to
<br />perform, this Agreement. LICENSEE's obligations under the preceding sentence shall apply
<br />to any negligence of LICENSOR, but shall not apply to any loss, liability, fines, penalties,
<br />forfeitures, costs or damages caused solely by the gross negligence, or by the willful
<br />misconduct, of LICENSOR or its officers, officials, employees, agents or volunteers.
<br />16. INSURANCE. LICENSEE shall carry and maintain for the duration of the Agreement,
<br />insurance against claims for injuries to persons or damages to property that may arise from or
<br />in connection with the performance of the work hereunder and the results of that work
<br />performed by the LICENSEE or on LICENSEE's behalf by its agents, representatives,
<br />employees or subcontractors as specified in Exhibit E.
<br />17. INTERFERENCE.
<br />A. LICENSEE's Facilities shall not disturb the communications configurations,
<br />equipment, and frequency, which exist on the Property on the date the Original
<br />Agreement was fully executed ("Pre -Existing Communications"), or public safety
<br />communications operations, as may be upgraded periodically, and LICENSEE's
<br />Facilities shall comply with all non-interference rules of the Federal
<br />Communications Commission ("FCC"). LICENSOR shall not use, or permit the
<br />use of, any portion of the Property in any way, which interferes with
<br />LICENSEE's use of the Premises or encroaches upon the Premises.
<br />Notwithstanding the foregoing, Pre -Existing Communications operating in the
<br />same manner as on the date this Agreement is fully executed shall not be deemed
<br />interference. LICENSOR shall require any future tenants, assignees, licensees, or
<br />occupants using any portion of the Property for the operation of mobile/wireless
<br />or radio communications facilities to comply with the provisions of this Section
<br />and shall obtain LICENSEE's written consent prior to allowing such use of the
<br />Property, which such consent shall not be unreasonably withheld, conditioned, or
<br />delayed, provided that LICENSEE's consent may be withheld if interference with
<br />LICENSEE's transmissions, receptions, operations, or use of frequency will result
<br />due to such use. The City Manager or his/her designee shall determine whether
<br />consent is unreasonably withheld and may require LICENSEE to consent subject
<br />to the above conditions.
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