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indemnify, defend, and protect the City, to provide insurance, to relocate its Facilities,
<br />and to reimburse the City for its costs to perform VERIZON's work.
<br />Section 25. Force Majeure.
<br />A. In the event VERIZON is prevented or delayed in the performance of any of its
<br />obligations herein due to circumstances beyond its control or by reason of a force
<br />majeure occurrence, such as, but not limited to, acts of God, acts of terrorism, war,
<br />riots, civil disturbances, natural disasters, floods, tornadoes, earthquakes, severe
<br />weather conditions, employee strikes and unforeseen labor conditions not attributable to
<br />VERIZON's employees, VERIZON shall not be deemed in Default of provisions of this
<br />Franchise Agreement.
<br />B. If VERIZON believes that circumstances beyond its control or by reason of a
<br />force majeure occurrence have prevented or delayed its compliance with the provisions
<br />of this Franchise Agreement, VERIZON shall provide documentation as reasonably
<br />required by the City to substantiate VERIZON's claim. VERIZON shall have a
<br />reasonable time, under the circumstances, to perform the affected obligation under this
<br />Franchise Agreement or to procure a substitute for such obligation that is satisfactory to
<br />the City; provided that VERIZON shall perform to the maximum extent it is able to
<br />perform and shall take reasonable steps within its power to correct such cause(s) in as
<br />expeditious a manner as possible, provided that VERIZON takes prompt and diligent
<br />steps to bring itself back into compliance and to comply as soon as possible under the
<br />circumstances with the Franchise Agreement without unduly endangering the health,
<br />safety, and integrity of VERIZON's employees or property, or the health, safety, and
<br />integrity of the public, Public Rights -of -Way, public property or private property.
<br />Section 26. Attorneys' Fees. In the event a suit, action, arbitration, or other
<br />proceeding of any nature whatsoever, whether in contract or in tort or both, is instituted
<br />to enforce any word, article, section, subsection, paragraph, provision, condition, clause
<br />or sentence of this Franchise Agreement or its application to any person or
<br />circumstance, the prevailing Party shall be entitled to recover from the losing Party its
<br />reasonable attorneys, paralegals, accountants, and other expert fees and all other fees,
<br />costs, and expenses actually incurred and reasonably necessary in connection
<br />therewith, as allowed by Washington law and as determined by the judge or arbitrator at
<br />trial or arbitration, as the case may be, or on any appeal or review, in addition to all
<br />other amounts provided by Law. This provision shall cover costs and attorneys' fees
<br />related to or with respect to proceedings in Federal Bankruptcy Courts, including those
<br />related to issues unique to bankruptcy law. This provision shall not apply to the extent
<br />that the suit, action, arbitration, or other proceeding is brought to interpret any term,
<br />condition, provision, section, article, or clause of this Franchise Agreement.
<br />Section 27. Venue. This Franchise Agreement shall be governed by, and
<br />construed in accordance with the laws of the State of Washington. Any action brought
<br />relative to enforcement of this Franchise Agreement, or seeking a declaration of rights,
<br />duties, or obligations herein shall be initiated in the Superior Court of King County, and
<br />shall not be removed to a federal court, except as to claims over which such Superior
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