Agenda - Council - 02/24/1998 - Laserfiche WebLink

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Subd. 1. Limitation of Liability. By reason of the acceptance of a registration or the grant of a Right-of-Way Permit, the City does not assume any liability (i) for injuries to Persons, damage to property, or loss of Service claims by parties other than the Registrant or the City, or (ii) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of Facilities by Registrants or activities of Registrants. Subd. 2. Indemnification. A Registrant or Permittee shall indemnify, keep, and hold the City free and harmless from any and all liability on account of injury to Persons or damage to property occasioned by the issuance of permits or by the construction, maintenance, repair, inspection, or operation of Registrant's or Permittee's Facilities located in the Right-of-Way Subd. 3. Defense. If a suit is brought against the City under circumstances where the Registrant or Permittee is required to indemnify, the Registrant or Permittee, at its sole cost and expense, shall defend the City in the suit if written notice of the suit is promptly given to the Registrant or Permittee within a period in which the Registrant or Permittee is not prejudiced by the lack or delay of notice. If the Registrant or Permittee is required to indemnify and defend, it shall thereafter have control of the litigation, but the Registrant or Permittee may not settle the litigation without the consent of the City. Consent will not be unreasonably withheld. This part is not, as to third parties, a waiver of any defense, immunity, or damage limitation otherwise available to the City. In defending an action on behalf of the City, the Registrant or Permittee is entitled to assert in an action every defense, immunity, or damage limitation that the City could assert on its own behalf. Sec. 4.10.29. Abandoned and Unusable Equipment. Subd. 1. Discontinued Operations. A Registrant who has determined to discontinue its operations in the City must either: (a) Provide information satisfactory to the Director that the Registrant's obligations for its Facilities in the Right-of- Way under this Section have been lawfully assumed by another Registrant; or (b) Submit to the Director a proposal and instruments for transferring ownership of its Facilities to the City. If a Registrant proceeds under this clause, the City may, at its option: 2O //o I I I I I I I I I I I I I I I ! I I