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during the Term, any and all necessary approvais, consents, rights of way, permits, franchises, <br /> licenses or similar approvals from alt governmental and other authorities which are necessary or <br /> required ta be obtained by Customer far the CITY to grant the IRU ta Customer and #or the use <br /> and operation of the Dark Fiber by Customer. <br /> 12.2 Subject to the limitations set forkh in#his Agreement, Custamer may use the Dark <br /> Fiber for lawful broadband purpases inctuding, but not limited ta voice, data and video <br /> transmissian services. Custamer agrees and acknowledges that it has no right to use any of the <br /> fibers that are park of the Fiber System, ather than the Dark Fiber secured by this IRU. Customer <br /> shall keep any ar�d a11 the Fiber System free from any liens, rights or claims of any third party <br /> attributable to Customer. <br /> 12.3 Customer and CITY shall promptiy natify each other ofi any matters pertaining to, <br /> or the occurrence (or impending occurrence) of, any event which would be reasonably likely to <br /> give rise#o any darrtage ar impending damage to oe lass af the Fiber System, or traffic thereon, <br /> that are knawn to such Party. Custamer and CITY each agree to cooperate with and support the <br /> other in complying with any requiremen#s applicable #o their respective rights and obligations <br /> hereunder. <br /> 12.4 Customer shall not use its broadband systems in a way that interferes in any way <br /> with ar adversely affects the use af the fibers or cable of any other person using the Fiber System. <br /> Custamer acknawledges that the Fiber System includes or wi11 include other participants, <br /> including the CITY and other owners and users of broadband systems. <br /> 12.5 If Customer elects tt� abandon use of the Dark Fiber after th�;first 20-year term of <br /> this agreement, it sha11 notify CITY in writing of#he effective da#e of#he abandonment. Gustamer <br /> will not be entitled to a refund af any portion of the prepaid IRU Fee. After the date of <br /> abandanment, Custamer's liability for Maintenance Fees with respect to the abandoned route will <br /> end ninety(90)days fram the date that Gustomer delivers written notice of abandanment to CITY. <br /> Cus#omer will remain liabls for all fees associated with returning Dark Fiber to its initial state, as <br /> it was prior to Customer interconnections and prior to custamer purchase of Dark Fiber. <br /> ARTICLE 13 <br /> INDEMNITY <br /> Customer shall indemnify and hold harmless the CITY, its Affiliates, and all officers, <br /> directors, employees, stockhokders, partners and agents of the ClTY and its Affiliates <br /> "Indemnified Parties") from and against any and all claims, demands, costs, darrrages, losses, <br /> liabilities, joint and/or several, expenses of any nature including reasonable attorneys', <br /> accountants", and experts`fees and disbursements,and judgments,fines,se#tlements and ather <br /> amaunts ("Damages") arising fram any and all civil, criminal, administrative or inves#igative <br /> claims, demands, actions, suits ar proceedings ("Claims") relating to or arising out of: <br /> {a) Any failure of Customer to obsetve or perform the terms and <br /> provisions of this Agreement; <br />� 11 <br />