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sole cost and expense, settle or compromise such suit or action. This section shall not <br />be construed to require Sprint to: <br />1. protect and save the City harmless from any claims, actions or damages; <br />2. settle or compromise any claim, demand, suit or 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 Sprint and the City, <br />Sprint's obligations under this paragraph shall only extend to its share of negligence or <br />fault. The City shall have the right at all times to participate through its own attorney in <br />any suit or action that 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, Sprint expressly waives its immunity under Title <br />51 of the Revised Code of 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 Sprint's officers, agents or employees. This waiver is mutually negotiated by <br />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 />either party may deem the entire ordinance to be affected and thereby nullified. <br />However, in the event that a determination is made that a section, sentence, clause or <br />phrase in this ordinance is invalid or unconstitutional, the parties may agree to treat the <br />portion declared invalid or unconstitutional as severable and maintain in force the <br />remaining provisions of this ordinance; provided that, if the City elects, without <br />agreement by Sprint, to enforce the remaining provisions of the ordinance, Sprint shall <br />have the option to terminate the Franchise Agreement. <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 />W: Word Pror.ess1rg\Ordinances%Spr1nt Franuhise Agreement 8-11-17 <br />BG:ojs Page 10 of 12 205 <br />