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12. Damages and Indemnification. In the event of damages to CITY'S <br /> underground facilities at any site where such facilities were located or requested to be located <br /> by GPLS, CITY must notify GPLS of such alleged damages, or when CITY becomes aware <br /> of such alleged damages, within forty-eight (48) hours, excluding weekends and CITY <br /> observed holidays, of the occurrence and/or discovery of such alleged damages. If CITY does <br /> not notify GPLS within forty-eight (48) hours, excluding weekends and CITY observed <br /> holidays, of the discovery of any alleged damages, or when CITY becomes aware of such <br /> alleged damages, GPLS shall have no liability relating to such claims. CITY must issue an <br /> invoice for any and all alleged claims for damages to GPLS within thirty (30) days, or GPLS <br /> shall have no liability relating to such claims. All claims must be attempted to be resolved or <br /> disputed within thirty(30) days, or GPLS shall have no liability relating to such claims. Every <br /> effort will be mutually made to resolve any and all claims within thirty(30) days. In the event <br /> of damages to CITY'S underground facilities at any site where underground facilities have <br /> been located or requested to be located by GPLS, either GPLS or CITY upon notification of <br /> such damages shall report to the other party: <br /> A. The actual time damages were caused. <br /> B. The actual time damages were reported/discovered. <br /> C. The location of the reported damages. <br /> D. The nature and e�ent of damages. <br /> E. Any known circumstances surrounding the damages. <br /> F. Any personal injuries sustained as a result of the incident. <br /> G. The name of firn�/individual reporting the damages. <br /> H. The name of firm/individual causing the damages. <br /> I. Estimated time of arrival at the sight to proceed with investigation. <br /> Upon notification of damage from CITY, GPLS will conduct an investigation of the damage �', <br /> and shall upon request, submit a report summarizing the findings within ten(10) business days !, <br /> to CITY. Each party sha11 indemnify, defend and hold the other harmless from and against �', <br /> any and all claims and actions, and all costs and expenses (including reasonable attorney's �� <br /> fees) to the e�ent proximately and proportionately caused by the negligence, willful �I <br /> misconduct or other breach of the provisions of this Agreement whether caused by the I <br /> indemnifying party or anyone acting under that party's direction, control or on its behalf. <br /> -5- <br />