R98-147 AUTHORIZING LICENSE AGREEMENT

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, ` any and all damages, judgments, costs and expenses of every kind, that may arise by reason thereo£ ' Notice in writing shall be promptly given to Grantee of any claim or suit against the City which, by the terms hereof, the Grantee shall be obligated to defend, or against which the Grantee has hereby agreed to save and keep harmless the City. The City shall furnish to the Grantee all information in its possession relating to said claim or suit, and cooperate with said Grantee in the defense of any said claim or suit. The Grantee agrees to provide notice in writing to the Corporation Counsel of the City of any claim or suit against the Grantee and/or its officers or employees which may directly affect the System or directly or indirectly affect this Agreement or the property referred to herein, whether or not the City has been made a defendant or respondent to the legal action. The City may, if it so desires, assist in defending any such claim or suit. The Grantee further agrees that it will pay the costs incurred by the City for the necessary defense of any suit against the City resulting from this Agreement. The Grantee will not rely upon governmental immunity afforded to the City. The indemnification and waiver provided in this section shall be enforceable solely by the City, and shall not operate as an indemnification or waiver as to any third party. Section 11. No Automatic Renewal: Holdover Fees. This ten (10) year license is not automatically renewable and any request for authority for the continued maintenance and use of the public ways as herein described after this Agreement expires or is otherwise terminated in any manner much be specifically obtain from the City Council subject to the terms and conditions that may be agreed upon at that time. Renewal authority shall be requested by the Grantee not less than ninety(90) days prior to the expiration of this Agreement.