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Sec. 4.10.30. Indemnification and Liability. <br /> <br />subd. 1. By reason of the acceptance of a registration or the <br />grant of a Right-of-Way Permit, the City does not assume any <br />liability: (a) for injuries to Persons, damage to property, or <br />loss of Service claims by parties other than the Registrant or the <br />city; or (b) for claims or penalties of any sort resulting from the <br />installation, presence, maintenance, or operation of Equipment by <br />Registrants or activities of Registrants. <br /> <br />Subd. 2. By registering with the City, a Registrant agrees, or by <br />accepting a Permit under this Section, a Permittee is required to <br />defend, indemnify, and hold the City whole and harmless from all <br />costs, liabilities, and claims for damages of any kind arising out <br />of the construction, presence, installation, maintenance, repair or <br />operation of its Equipment, or out of any activity undertaken in or <br />near a Right-of-Way, whether or not any act or omission complained <br />of is authorized, allowed, or prohibited by a Right-of-Way Permit. <br />It further agrees that it will not bring, nor cause to be brought, <br />any action, suit or other proceeding claiming damages, or seeking <br />any other relief against the City for any claim nor for any award <br />arising out of the presence, installation, maintenance or operation <br />of its Equipment, or any activity undertaken in or near a Right-of- <br />Way, whether or not the act or omission complained of is <br />authorized, allowed or prohibited by a Right-of-Way Permit. The <br />foregoing does not indemnify the City for its own negligence except <br />for claims arising out of or alleging the City's negligence where <br />such negligence arises out of or is primarily related to the <br />presence, installation, construction, operation, maintenance or <br />repair of said Equipment by the Registrant or on the Registrant's <br />behalf, including, but not limited to, the issuance of Permits and <br />inspection of plans or work. This Section is not, as to third <br />parties, a waiver of any defense or immunity otherwise available to <br />the Registrant or to the City; and the Registrant, in defending any <br />action on behalf of the City, shall be entitled to assert in any <br />action every defense or immunity that the City could assert in its <br />own behalf. <br /> <br />Sec. 4.10.31. Future Uses. <br /> <br /> In placing any Equipment, or allowing it to be placed, in the <br />Right-of-Way the City is not liable for any damages caused thereby <br />to any Registrant's Equipment which is already in place. No <br />Registrant is entitled to rely on the provisions of this Section, <br />and no special duty is created as to any Registrant. This Section <br />is enacted to protect the general health, welfare and safety of the <br />public at large. <br /> <br />Sec. 4.10.32. Abandoned and Unusable Equipment. <br /> <br />Subd. 1. A Registrant who has determined to discontinue its <br />operations with respect to any Equipment in any Right-of-Way, or <br /> <br />24 <br /> <br /> <br />