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cost and expense, defend such suit or action by attorneys of its own election. In <br /> defense of such suit or action, MClmetro may, at its election and at its sole cost and <br /> expense, settle or compromise such suit or action. This section shall not be construed <br /> to require MClmetro to: <br /> 1. protect and save the City harmless from any claims, actions or damages; <br /> 2. settle or compromise any claim, demand, suitor action; <br /> 3. appear in or defend any suit or action; or, <br /> 4. pay any judgment or reimburse the City's costs and expenses (including <br /> reasonable attorney's fees), to the extent such claim arises out of the negligence or <br /> intentional acts of the City, its employees, agents or independent contractors. <br /> B. To the extent of any concurrent negligence between MClmetro and the City, <br /> MClmetro's obligations under this paragraph shall only extend to its share of negligence <br /> or fault. The City shall have the right at all times to participate through its own attorney <br /> in any suit or action which arises out of any right, privilege, and authority granted by or <br /> exercised pursuant to this Franchise Agreement when the City determines that such <br /> participation is required to protect the interests of the City or the public. Such <br /> participation by the City shall be at the City's sole cost and expense. <br /> C. With respect to the performance of this Franchise and as to claims against the <br /> City, its officers, agents and employees, MClmetro expressly waives its immunity under <br /> Title 51 of the Revised Code Washington, the Industrial Insurance Act, for injuries to its <br /> officers, agents and employees and agrees that the obligation to indemnify, defend and <br /> hold harmless provided for in this paragraph extends to any claim brought by or on <br /> behalf of MClmetro's officers, agents or employees. This waiver is mutually negotiated <br /> by the parties. <br /> Section 13. Severability. If any section, sentence, clause or phrase of this <br /> ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction. <br /> Section 14. Reservation of Rights. The parties agree that this Agreement is <br /> intended to satisfy the requirements of all applicable laws, administrative guidelines, <br /> rules, orders and ordinances. Accordingly, any provision of this agreement or any local <br /> ordinance that may conflict with or violate the law shall be invalid and unenforceable, <br /> whether occurring before or after the execution of this agreement, it being the intention <br /> of the parties to preserve their respective rights and remedies under the law, and that <br /> the execution of this Agreement does not constitute a waiver of any rights or obligations <br /> by either party under the law. <br /> Section 15. Police Powers. Nothing contained herein shall be deemed to affect <br /> the City's authority to exercise its police powers. MClmetro shall not by this Franchise <br /> Agreement obtain any vested rights to use any portion of the City right-of-way except for <br /> the locations approved by the City and then only subject to the terms and conditions of <br /> this Franchise Agreement. This Franchise Agreement and the permits issued <br /> thereunder shall be governed by applicable City ordinances in effect at the time of <br /> application for such permits. <br /> 41 <br />