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The City shall pay to the Franchisee the incremental costs of providing such access to <br />the open trench. <br />Section 7.6. The provisions of this Section 7 shall survive the expiration, <br />revocation, abandonment or termination of this Franchise. Nothing in this Section 7 shall <br />be construed as requiring the City to pay any costs of undergrounding any of the <br />Franchisee's Facilities. <br />Section 8. Emergency Work/Dangerous Conditions. <br />Section 8.1. In the event of any emergency in which any of Franchisee's Facilities <br />located in or under any street endangers the property, life, health or safety of any person, <br />or if Franchisee's construction area is otherwise in such a condition as to immediately <br />endanger the property, life, health or safety of any individual, Franchisee shall <br />immediately take the proper emergency measures to repair its Facilities, to cure or <br />remedy the dangerous conditions for the protection of property, life, health or safety of <br />individuals without first applying for and obtaining a permit as required by this Franchise. <br />However, this shall not relieve Franchisee from the requirement of obtaining any permits <br />necessary for this purpose, and Franchisee shall apply for all such permits not later than <br />the next succeeding day during which the Tukwila City Hall is open for business. The City <br />retains the right and privilege to cut or move any Facilities located within the Rights -of - <br />Way of the City, in response to any public health or safety emergency and Franchisee <br />shall be liable to the City for the costs thereof. <br />Section 8.2. The City shall not be liable for any damage to or loss of Facilities <br />within the Rights -of -Way as a result of or in connection with any public works, public <br />improvements, construction, grading, excavation, filling, or work of any kind in the Rights - <br />of -Way by or on behalf of the City, except to the extent directly and proximately caused <br />by sole negligence, intentional misconduct or criminal actions of the City, its employees, <br />contractors, or agents. The City shall further not be liable to Franchisee for any direct, <br />indirect, or any other such damages suffered by any person or entity of any type as a <br />direct or indirect result of the City's actions under this Section 8 except to the extent <br />caused by the sole negligence, intentional misconduct or criminal actions of the City, its <br />employees, contractors, or agents. <br />Page 11 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />15 <br />