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financial harm, or delay of the construction, repair, or maintenance of the public <br />improvement shall be considered a violation of the terms of this Franchise Agreement. <br />2. If, during Construction or maintenance of Mobilitie's Facilities, any <br />damage occurs to an underground facility and the damage results in the release of natural <br />gas or other hazardous substance or potentially endangers life, health, or property, <br />Mobilitie or its contractor shall immediately call 911 or other local emergency response <br />number. <br />C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the <br />City's available remedies in the event of Mobilitie's failure to comply with the provisions <br />of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for <br />specific performance and/or damages. <br />D. Removal of System. In the event this Franchise <br />result of violations of the terms of this Franchise Agree <br />expense, remove all system components and Facil <br />termination, provided that the City, at its sole optio <br />Facilities in place. <br />E.- Receivership. At the option of the <br />orders of courts of competent jurisdiction, thi <br />appointment of a receiver or trustee to to j over <br />whether in a receivership, reorganizati° <br />unless: <br />reement is terminated as a <br />Mobilitie shall, at its sole <br />ithin 60 days of such <br />Mobilitie to abandon its <br />1. The receivers <br />2. The receiv <br />and provisions of this French'. <br />Additionally, the recei' <br />the court having jur ction, <br />bound by each an• Ty term, <br />Section 8. Insura <br />ct to applicable law and lawful <br />chise may be revoked after the <br />nduct the business of Franchisee <br />or other action or proceeding, <br />ip is timely vacated; or <br />s, <br />nely and fully complied with all the terms <br />nd ha remedied all defaults under the Franchise. <br />hall have executed an agreement duly approved by <br />I4, the receiver or trustee assumes and agrees to be <br />ovision, and limitation of this Franchise. <br />A. Mobilitie shall maintain liability insurance during the full term of this Franchise <br />Agreement for personal injury and property damages which may arise from or in <br />connection with operations or activities performed by or on the -Franchisee's behalf with <br />the issuance of this Franchise. The Franchisee's maintenance of insurance as required <br />by the Franchise Agreement shall not be construed to limit the liability of the -Franchisee <br />to the coverage provided by such insurance, or otherwise limit the City's recourse to any <br />remedy available at law or in equity. Notwithstanding anything to the contrary, Mobilitie <br />may satisfy the foregoing insurance requirements through a combination of commercial <br />general liability insurance and umbrella or excess liability insurance. <br />B. Such required insurance shall include as additional insured, the City, its officers, <br />officials, and employees as their interest may appear under this Franchise Agreement, <br />excluding worker's compensation and employer's liability; shall apply as primary <br />W. Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.0 W. 6-28-18 <br />CK,bjs: LH <br />Page 13 of 24 <br />68 <br />