|
5
<br />10.0 City Remedy for Impact on Use or Enjoyment of City Easement
<br />To the extent that any portion of the City’s use or enjoyment of the City Easement and
<br />R/W Area is disturbed or damaged at any time in connection with AEP’s use of the AEP
<br />Easement and R/W Area, AEP, at AEP’s sole expense, shall immediately restore the City
<br />Easement and R/W Area, including, but not limited to, any City above- or below-grade
<br />infrastructure therein, to the condition that existed prior to such disturbance or damage,
<br />to the satisfaction of City. If the City Easement or R/W Area, including any above- or
<br />below-grade infrastructure therein of the City, cannot be restored to the City’s
<br />satisfaction, AEP will replace, or reimburse the City for the costs to replace, such
<br />infrastructure, to the satisfaction of the City, and within a reasonable timeframe.
<br />11.0 Compliance with Law
<br />AEP and the City understand and agree that each will, at their own expense, observe and
<br />comply with all applicable statutes, laws, ordinances, requirements, orders, rules, and
<br />regulations, of all governmental authorities, in relation to the City’s and AEP’s respective
<br />uses of the City Easement, the AEP Easement, and the R/W Area, and the facilities
<br />located therein.
<br />12.0 AEP Agreement Regarding Indemnification
<br />AEP agrees to indemnify and hold harmless the City, and its employees, agents,
<br />contractors, successors, and assigns, from and against any loss, claim or expense,
<br />including without limitation, claims for injury or death to person or damage to property
<br />or environmental damages, occurring as a result of any act or omission of AEP, its
<br />successors, assigns, agents, contractors or employees within the AEP Easement or the
<br />R/W Area or arising out of AEP’s use of the Property. This indemnification shall not
<br />apply to claims arising solely from the negligence or willful misconduct of the City. If any
<br />action is brought against the City, and its employees, agents, contractors, successors, and
<br />assigns, in connection with the AEP’s use of the Property, the R/W Area or the AEP
<br />Easement, AEP agrees to defend such action or proceedings at its own expense and to
<br />pay any judgment rendered therein and holding harmless the City, and its employees,
<br />agents, contractors, successors, and assigns. This duty to defend shall not apply to claims
<br />arising solely from the negligence or willful misconduct of the City. In the event of any
<br />action against the City, its officers, agents, servants, employees, boards, or commissions
<br />covered by the foregoing duties to indemnify, defend, and hold harmless, such action
<br />shall be defended by legal counsel of the City’s choosing, at AEP's expense.
<br />13.0 City Easement is a Prior Easement
<br />AEP agrees and acknowledges that the City Easement, for a prior public use, is a prior
<br />easement to the AEP Easement and the City is entitled to enjoy the use of the City
|