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Master Pole Attachment Agreement <br />3. Indemnification. Except as limited below, Company shall indemnify and save <br />harmless the City, its officers, employees, and agents, from all claims, action, <br />liability, and damages of any nature arising out of this Agreement, and the use and <br />operation of Company's fiber optic system. <br />Except as limited below, the City shall indemnify and save harmless Company, its <br />officers, employees, and agents, from all claims, action, liability, and damages of <br />any nature arising out of this Agreement, only as it relates to the use and operation <br />of the reserved fiber. <br />If any claim arises to which the above indemnification provisions may be <br />applicable, the party seeking indemnification shall immediately upon learning of <br />such claim, notify the indemnifying party. The indemnifying party may, at its <br />option, settle or compromise such claim. In no event shall the party seeking <br />indemnification have the right to pay, settle or otherwise compromise such claim <br />without the prior written consent of the indemnifying party, who shall not <br />unreasonably withhold such consent. <br />This indemnification and release shall not apply to the extent that any claim, <br />action, cost, and /or damage herein covered results from the gross negligence or <br />willful misconduct of a party, its officers, or employees. <br />Each party agrees to pay interest on any payment due the other party pursuant to <br />this indemnification and release. Such interest shall be at the prejudgment rate(s) <br />or interest in effect from the date which the cost was incurred to the date of <br />payment. For convenience in computing such interest, a cost shall be considered <br />to be incurred after the last day of the month in which the cost was actually <br />incurred. <br />CITY OF SEATTLE COMPANY <br />By: By: <br />Title: Title: <br />C3 <br />