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9.3. <br /> <br />9.2.8 <br /> <br />If the City draws upon the Letter of Credit or any subsequent Letter of Credit <br />delivered pursuant hereto, in whole or in part, the Grantee shall replace or <br />replenish to its full amount the same within ten (10) days and shall deliver to the <br />City a like replacement Letter of Credit or certification of replenishment for the <br />full amount stated in Section 9.2.1 as a substitution of the previous Letter of <br />Credit. This shall be a continuing obligation for any withdrawals from the <br />Letter of Credit. <br /> <br />9.2.9 <br /> <br />If any Letter of Credit is not so replaced or replenished, the City may draw on <br />said Letter of Credit for the whole amount thereof and use the proceeds as the <br />City determines in its sole discretion. The failure to replace or replenish any <br />Letter of Credit may also, at the option of the City, be deemed a default by the <br />Grantee under this Franchise. The drawing on the Letter of Credit by the City, <br />and use of the money so obtained for payment or performance of the <br />obligations, duties and responsibilities of the Grantee which are in default, shall <br />not be a waiver or release of such default. <br /> <br />9.2.10 <br /> <br />The collection by City of any damages, monies or penalties from the Letter of <br />Credit shall not affect any other right or remedy available to it, nor shall any act, <br />or failure to act, by the City pursuant to the Letter of Credit, be deemed a waiver <br />of any right of the City pursuant to this Franchise or otherwise. <br /> <br />Indemnification of City. <br /> <br />9.3.1 <br /> <br />The City and its officers, boards, committees, commissions, elected and appointed <br />officials, employees, volunteers and agents shall not be liable for any loss or <br />damage to any real or personal property of any Person, or for any injury to or <br />death of any Person, arising out of or in connection with Grantee's construction, <br />operation, maintenance, repair or removal of the System or as to any other action <br />of Grantee with respect to this Franchise. <br /> <br />9.3.2 <br /> <br />Grantee shall indemnify, defend, and hold harmless the City and its officers, <br />boards, committees, commissions, elected and appointed officials, employees, <br />volunteers and agents, from and against all liability, damages, and penalties which <br />they may legally be required to pay as a result of the City's exercise, <br />administration, or enforcement of the Franchise. <br /> <br />9.3.3 <br /> <br />Nothing in this Franchise relieves a Person, except the City, from liability arising <br />out of the failure to exercise reasonable care to avoid injuring the Grantee's <br />facilities while performing work connected with grading, regrading, or changing <br />the line of a Right-of-Way or public place or with the construction or <br />reconstruction of a sewer or water system. <br /> <br />9.3.4 Related only to PEG programming, the Grantee shall not be required to indemnify <br /> the City for negligence or misconduct on the part of the City or its officers, <br /> <br />46 <br /> <br /> <br />