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J. 27
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<br />satisfactory condition, then the city shall have the option to
<br />perform or cause to be performed such reasonable and necessary work
<br />on behalf of Metricom and charge Metricom for the proposed costs to
<br />be incurred or the actual costs incurred by the City. Upon the
<br />receipt of a demand for payment by the City, Metricom shall
<br />reimburse the City for such costs.
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<br />CONSTRUCTION PERMIT
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<br /> 6.1 In the event that the attachment, installation,
<br />operation, or maintenance of Radios shall require any construction
<br />work in the Public Right-of-Way, Metricom shall apply for the
<br />appropriate street opening and other permits required by law and
<br />pay any fee charged by the City for such street opening or other
<br />permits.
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<br /> 6.2 Upon the completion of construction work, Metricom
<br />promptly shall furnish to the City, in hard copy and electronic
<br />format, suitable documentation showing the exact location of the
<br />Radios in the Public Right-of-Way.
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<br />7. INDEMNIFICATION AND WAIVER
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<br /> 7.1 Metricom agrees to indemnity, protect, defend (with
<br />counsel acceptable to the City) and hold harmless the city, its
<br />council members, officers, employees, and agents, from and against
<br />any and all claims, demands, losses, damages, liabilities, fines,
<br />charges, penalties, administrative and judicial proceedings and
<br />orders, judgments, remedial actions of any kind, and all costs and
<br />cleanup actions of any kind, all costs and expenses incurred in
<br />connection therewith, including, without limitation, reasonable
<br />attorney's fees and costs of defense (collectively, the "Losses")
<br />arising, directly or indirectly, in whole or in part, out of the
<br />activities or facilities described in this Franchise, except to the
<br />extent arising from or caused by the acts or omissions of the City,
<br />its council members, officers, employees, agents or contractors.
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<br /> 7.2 The waiver by the City of any breach or violation of any
<br />Provision of this Franchise by Metricom shall not be deemed to be
<br />a waiver or a continuing waiver by the City of any subsequent
<br />breach or violation of the same or any other Provision of this
<br />Franchise by Metricom.
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<br /> 7.3 Metricom waives any and all claims, demands, causes of
<br />action, and rights it may assert against the City on account of any
<br />loss, damage, or injury to any Radio or any loss or degradation of
<br />the Services as a result of a sudden or gradual loss or change of
<br />electrical power caused by, among others, an Act of God, an event
<br />or occurrence which is beyond the reasonable control of the City,
<br />a power outage, a lightning strike, or occasioned by the
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