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<br />8. Compliance with Law. Permittees shall adhere to and comply with all ordinances, laws,
<br />rules and regulations that may pertain to or apply to the Encroachment Area and the
<br />Permittees's use thereof. Permittees agrees and warrants that it has procured or shall
<br />procure any licenses, permits or like permission required by law, if any, to conduct or
<br />engage in the use of the Encroachment Area described herein, that Permittees will
<br />procure all additional licenses, permits or like permission hereinafter required by law
<br />during the term of this Agreement, and that Permittees will keep the same in full force
<br />and effect during the term of this Agreement. Permittees shall perform under this
<br />Agreement in accordance with all applicable legal requirements.
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<br />9. Indemnification. To the fullest extent permitted by law, Permittees agree to indemnify,
<br />defend and save the City, its officers, agents, servants, employees, boards and
<br />commissions harmless from and against:
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<br />a. Damage to Permittees' Property. Any and all claims, loss or damage (including
<br />reasonable attorney's fees) to the Permittees' Property or any property belonging
<br />to or rented by Permittees, its officers, servants, agents or employees, which may
<br />be stolen, destroyed, or in any way damaged, by any cause whatsoever in
<br />accordance with the activities contemplated under this Agreement.
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<br />b. Damage to Others. Any claims, suits, judgments, costs, attorney's fees, loss,
<br />liability, damage or other relief, including but not limited to Workers' Compensation
<br />claims, to any person or property in any way resulting from or arising out of the
<br />existence of this Agreement and/or the existence, maintenance, use or location of
<br />the City Right-Of-Way. In the event of any action against the City, its officers,
<br />agents, servants, employees, boards or commissions covered by the foregoing duty
<br />to indemnify, defend and hold harmless, such action shall be defended by legal
<br />counsel of the City's choosing.
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<br />The provisions of this paragraph shall survive any termination and/or expiration of this
<br />Agreement.
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<br />10. Breach and Limitation on Damages. If any party violates or breaches any term of this
<br />Agreement, such violation or breach shall be deemed to constitute a default, and the other
<br />party shall have the right to seek such administrative, contractual or legal remedies as may
<br />be suitable for such violation or breach; provided, however, that in no event shall the City
<br />be liable to Permittees for monetary damages of any kind relating to or arising from any
<br />breach of this Agreement, and that no action of any kind shall be commenced by Permittees
<br />against the City for monetary damages. In the event any legal action is brought by the City
<br />for the enforcement of any of the obligations of Permittees related to or arising from this
<br />Agreement and the City is the prevailing party in such action, the City shall be entitled to
<br />recover from Permittees reasonable interest and attorney's fees.
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<br />11. Notices. Any notice required or permitted under this Agreement shall be in writing and
<br />shall be sufficient if personally delivered or mailed by certified mail, return receipt
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