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cost of the work to Franchisee, including all costs and expenses incurred by the City due <br />to Franchisee's delay. In such event, the City shall not be liable for any damage to any <br />portion of Franchisee's Facilities. Within thirty (30) days of receipt of an itemized list of <br />those costs, Franchisee shall pay the City. In any event, if Franchisee fails to timely <br />relocate, remove, replace, modify or disconnect Franchisee's facilities and equipment, <br />and that delay results in any delay damage accrued by or against the City, Franchisee <br />will be liable for all documented costs of construction delays attributable to Franchisee's <br />failure to timely act. Franchisee reserves the right to challenge any determination by the <br />City of costs for construction delays related to an alleged failure to act in accordance with <br />this Section 6.5. <br />Section 6.6. Franchisee will indemnify, defend, hold harmless, and pay the costs <br />of defending the City, in accordance with the provisions of Section 19 against any and all <br />claims, suits, actions, damages, or liabilities for delays on City construction projects <br />caused by or arising out of the failure of Franchisee to remove or relocate its Facilities in <br />a timely manner; provided, that Franchisee shall not be responsible for damages due to <br />delays caused by circumstances beyond the control of Franchisee or the negligence, <br />willful misconduct, or unreasonable delay of the City or any unrelated third party. <br />Section 6.7. In the event of an emergency posing a threat to public safety or <br />welfare, or in the event of an emergency beyond the control of the City which will result <br />in severe financial consequences to the City, which necessitates the relocation of <br />Franchisee's Facilities, Franchisee shall relocate its Facilities within the time period <br />specified by the City. <br />Section 6.8. The provisions of this Section 6 shall in no manner preclude or <br />restrict Franchisee from making any arrangements it may deem appropriate when <br />responding to a request for relocation of its Facilities by any person or entity other than <br />the City, where the facilities to be constructed by said person or entity are not or will not <br />become City -owned, operated, or maintained facilities, provided that such arrangements <br />do not unduly delay a City construction project. <br />Section 6.9. Whenever any person shall have obtained permission from the City <br />to use any Right -of -Way for the purpose of moving any building, Franchisee, upon thirty <br />Page 8 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />12 <br />