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volunteers, or elected or appointed officials, or contractors. In no event shall the City be <br />liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, <br />including by way of example and not limitation lost profits, lost revenue, loss of goodwill, <br />or loss of business opportunity in connection with its performance or failure to perform <br />under this Franchise. Franchisee releases and waives any and all such claims against <br />the City, its officers, agents, employees, volunteers, or elected or appointed officials, or <br />contractors. Franchisee further agrees to indemnify, hold harmless and defend the City <br />against any claims for damages, including, but not limited to, business interruption <br />damages, lost profits and consequential damages, brought by or under users of <br />Franchisee's Facilities as the result of any interruption of service due to damage or <br />destruction of Franchisee's Facilities caused by or arising out of activities conducted by <br />the City, its officers, agents, employees or contractors except to the extent any such <br />damage or destruction is caused by or arises from the sole negligence or intentional <br />misconduct, or criminal actions on the part of the City, its officers, agents, employees, <br />volunteers, or elected or appointed officials, or contractors. <br />Section 19.6. The provisions of this Section 19 shall survive the expiration, <br />revocation, termination, or abandonment of this Franchise. <br />Section 20. Insurance. <br />Section 20.1. Franchisee shall procure and maintain for the duration of the <br />Franchise and as long as Franchisee has Facilities in the rights -of -way, insurance against <br />claims for injuries to persons or damage to property which may arise from or in connection <br />with the Franchise and use of the rights -of -way. <br />(a) No Limitation. Franchisee's maintenance of insurance as required <br />by the Franchise shall not be construed to limit the liability of Franchisee to the coverage <br />provided by such insurance, or otherwise limit the City's recourse to any remedy available <br />at law or in equity. <br />(b) Minimum Scope of Insurance. Franchisee shall obtain insurance of <br />the types and coverage described below: <br />Page 26 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />30 <br />