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B. To the extent of any concurrent negligence between Franchisee and the City, <br />Franchisee'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 in <br />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 participation <br />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, Franchisee 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 behalf <br />of Franchisee's officers, agents, or employees directly against the City, its officers, <br />agents, officials, employees, and volunteers. This waiver is mutually negotiated by the <br />parties and the provisions of this section shall survive the expiration or termination of this <br />Franchise Agreement. <br />Section 14. 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, the <br />City may elect to treat the portion declared invalid or unconstitutional as severable and <br />enforce the remaining provisions of this ordinance; provided that, if the City elects to <br />enforce the remaining provisions of the ordinance, Franchisee shall have the option to <br />terminate the Franchise Agreement. <br />Section 15. Reservation of Rights. <br />A. The parties agree that this Franchise Agreement is intended to satisfy the <br />requirements of all applicable laws, administrative guidelines, rules, orders and <br />ordinances in effect on the date the permits and authorizations are issued for the affected <br />Facilities. Accordingly, any provision of this Franchise Agreement or any local ordinance <br />that may conflict with or violate the law shall be invalid and unenforceable, whether <br />occurring before or after the execution of this agreement, it being the intention of the <br />parties to preserve their respective rights and remedies under the law, and that the <br />execution of this Franchise Agreement does not constitute a waiver of any rights or <br />obligations by either party under the law. <br />B. Nothing in this Franchise shall prevent the City from constructing sanitary or <br />storm sewers; grading, changing grade, paving, repairing, widening, or otherwise altering <br />any Public Rights -of -Way; laying down, repairing or removing water mains; or installing <br />conduit or fiber optic cable. <br />Section 16. Police Powers. Nothing contained herein shall be deemed to affect the <br />City's authority to exercise its police powers. Franchisee shall not by this Franchise <br />Agreement obtain any vested rights to use any portion of the City Rights -of -Way except <br />for the locations approved by the City and then only subject to the terms and conditions <br />of this Franchise Agreement. This Franchise Agreement and the permits issued <br />34 <br />