|
Premises. LICENSEE shall be responsible for, and bear the entire cost of
<br /> removal and disposal of, all Hazardous Substances introduced to the Premises by
<br /> 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 /> Page 10 of 103
<br />
|