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manner of fiber construction for all work establishing lateral connections to <br /> District properties from the City fiber optic endpoint located in City rights of way <br /> nearest to the District property being connected, or other connecting point as <br /> jointly agreed in writing by the City and the District. <br /> 9. District acknowledges and agrees that all fiber optic cable installed in the City <br /> rights of way will be 144 count fiber meeting the specifications set forth in the <br /> City's bid specifications and after installation will become the property of the City <br /> without regard to which party, entity or grant paid for the work. <br /> 10. City will provide District one pair of fiber for primary connection and one pair of <br /> fiber to use as a spare for a total of four fibers from the City fiber optic network to <br /> each of the District properties identified in Exhibit A to a secure location where <br /> the City's fiber is distributed. <br /> 11. District may utilize and place District owned and maintained fiber connection <br /> equipment in the City's server room location to connect District <br /> properties. District affirmatively acknowledges that City will have no liability for <br /> the failure of District's equipment and any related causes of action that may occur <br /> as a result of such failure and affirmatively agrees to indemnify City from <br /> such. In addition, City shall have no responsibility for the maintenance, care, or <br /> upkeep of any District owned fiber connection equipment placed or located in the <br /> City's server room location. Upon sixty(60) days written notice to <br /> Superintendent of District, City may require District to remove any or all District <br /> owned fiber connection equipment in the City's server room location at District <br /> expense. <br /> 12. Following installation and Project completion the District will pay City its share <br /> of fiber maintenance fees for the utilization of the City fiber network for District <br /> property connections. <br /> 13. Liability Limits <br /> a. The District agrees to indemnify, defend, and hold City, its <br /> officers, agents, and employees harmless from and against any and <br /> all claims, suits, causes of action, liabilities, damages,judgments <br /> or expenses including, but not limited to, reasonable attorney's <br /> fees and litigation costs, for personal injuries (including, but not <br /> limited to, death) or property damage arising out of City's <br /> obligations, responsibilities and performance under this agreement <br /> for work performed on District property on the Project. This <br /> provision shall not require the District to indemnify the City from <br /> the City's sole gross negligence or willful misconduct. <br /> b. During the term of this Agreement,District shall at all times procure <br />