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Seattle SMSA Limited Partnership <br />d/b/a Verizon Wireless <br />Attn: Network Real Estate <br />180 Washington Valley Road <br />Bedminster, NJ 07921 <br />With a copy to: <br />Seattle SMSA Limited Partnership <br />d/b/a Verizon Wireless <br />Attn: Pacific Market General Counsel <br />15505 Sand Canyon Ave. <br />Irvine, CA 92618 <br />Section 13. Indemnification. <br />A. VERIZON shall use reasonable and appropriate precautions to avoid damage <br />to persons or property in the construction, installation, repair, operation, and <br />maintenance of its structures and Facilities within the Franchise Area. VERIZON shall <br />release, indemnify, defend, and hold the City harmless from all claims, actions or <br />damages, including reasonable attorney's and expert witness fees, which may accrue to <br />or be suffered by any person or persons, corporation or property to the extent caused in <br />part or in whole by any act or omission of VERIZON, its officers, agents, servants or <br />employees, carried on in the furtherance of the rights, benefits, and privileges granted to <br />VERIZON by this Franchise. In the event any claim or demand is presented to or filed <br />with the City that gives rise to VERIZON's obligation pursuant to this section, the City <br />shall within a reasonable time notify VERIZON thereof and VERIZON shall have a right, <br />at its election, to settle or compromise such claim or demand. In the event any claim or <br />action is commenced in which the City is named a party, and which suit or action is <br />based on a claim or demand which gives rise to VERIZON's obligation pursuant to this <br />section, the City shall promptly notify VERIZON thereof, and VERIZON shall, at its sole <br />cost and expense, defend such suit or action by attorneys of its own election. In <br />defense of such suit or action, VERIZON 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 VERIZON 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 VERIZON and the City, <br />VERIZON'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 that arises out of any right, privilege, and authority granted by or <br />W: Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 11-20-17 <br />GL:bjs <br />Page 15 of 21 <br />17 <br />