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provided that, when possible, the City shall notify MClmetro and give MClmetro an <br /> opportunity to correct within a specified time said threat, financial harm or delay before <br /> undertaking such corrective measures. MClmetro shall be liable for all reasonable <br /> costs, expenses and damages attributed to the correction of such an emergency <br /> situation as undertaken by the City to the extent that such situation was caused by <br /> MClmetro and shall further be liable for all reasonable costs, expenses and damages <br /> resulting to the City from such situation and any reimbursement of such costs to the City <br /> shall be made within 30 days of written notice of the completion of such action or <br /> determination of damages by the City. The failure by MClmetro to take appropriate <br /> action to correct a situation caused by MClmetro and identified by the City as a threat to <br /> public or private safety or property, financial harm, or delay of the construction, repair or <br /> maintenance of the public improvement shall be considered a violation of the terms of <br /> this Franchise Agreement. <br /> 2. If, during construction or maintenance of MClmetro's facilities, any damage <br /> occurs to an underground facility and the damage results in the release of natural gas or <br /> other hazardous substance or potentially endangers life, health or property, MClmetro <br /> or its contractor shall immediately call 911 or other local emergency response number. <br /> C. Other Remedies. Nothing contained in this Franchise Agreement shall limit <br /> the City's available remedies in the event of MClmetro's failure to comply with the <br /> provisions of this Franchise Agreement, to include but not limited to, the City's right to a <br /> lawsuit for specific performance and/or damages. <br /> D. Removal of System. In the event this Franchise Agreement is terminated as a <br /> result of violations of the terms of this Franchise Agreement, MClmetro shall, at its sole <br /> expense, promptly remove all system components and facilities, provided that the City, <br /> at its sole option, may allow MClmetro to abandon its facilities in place. <br /> Section 7. Insurance. <br /> A. MClmetro shall maintain liability insurance written on a per-occurrence basis <br /> during the full term of this Franchise Agreement for personal injuries and property <br /> damages. The policy shall contain coverage in the amounts and conditions stipulated in <br /> Title 11 of the Tukwila Municipal Code. <br /> B. Such insurance shall specifically name as additional insured, the City, its <br /> officers and employees; shall apply as primary insurance; shall stipulate that no <br /> insurance affected by the City will be called on to contribute to a loss covered <br /> thereunder; and shall further provide that the policy shall not be modified or canceled <br /> during the life of the permit or Franchise Agreement without Grantee giving 30 days <br /> written notice to the City. Notice shall be by mail to the City. <br /> Section 8. Other Permits and Approvals. Nothing in this Agreement shall relieve <br /> MClmetro from any obligation to obtain approvals or necessary permits from applicable <br /> federal, state and City authorities for all activities in the Franchise Area. <br /> Section 9. Transfer of Ownership. <br /> 38 <br />