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there are extenuating circumstances that do not allow for restoration of all work within the City <br />Rights -of -Way to a condition equally as good as it was immediately prior to being disturbed by <br />Company, City and Company will negotiate an alternative restoration plan (in writing) to remedy <br />the situation. Absent an agreement to an alternative restoration plan, either party has a right to <br />request review of the matter by any court or regulatory agency having jurisdiction. Company or <br />contractors working on behalf of Company conducting any work in the City Public Rights -of -Way <br />may be required to file for a City permit (if required by City Ordinance), excluding permits for i) <br />repairs ii) day to day maintenance or iii) in cases of emergency conditions, issued by the City <br />prior to commencement of work. In no instance shall Company be required to pay tees or <br />bonds related to its use of the Public Rights -of -Way, despite the City's enactment of any <br />ordinance providing the contrary. <br />SECTION 4. INDEMNITY. <br />A. In consideration of the granting of this Franchise, Company shall, at its sole cost and <br />expense, indemnify and hold the City, and its past and present officers, agents and employees <br />harmless against any and all liability arising from suits, actions or claims regarding injury or <br />death to any person or persons, or damages to any property arising out of or occasioned by the <br />intentional and /or negligent acts or omissions of Company or any of its officers, agents, or <br />employees in connection with Company's construction, maintenance and operation of <br />Company's system in the City Public Rights -of -Way, including any court costs, reasonable <br />expenses and reasonable defenses thereof. <br />B. This indemnity shall only apply to the extent that the loss, damage or injury is attributable <br />to the negligence or wrongful act or omission of the Company or its officers, agents or <br />employees, and does not apply to the extent such loss, damage or injury is attributable to the <br />negligence or wrongful act or omission of the City or the City's officers, agents, or employees or <br />any other person or entity. This provision is not intended to create a cause of action or liability <br />for the benefit of third parties but is solely for the benefit of Company and the City. <br />C. In the event of joint and concurrent negligence or fault of both Company and the City, <br />responsibility and indemnity, if any, shall be apportioned comparatively between the City and <br />Company in accordance with the laws of the state of Texas without, however, waiving any <br />governmental immunity available to the City under Texas law and without waiving any of the <br />defenses of the parties under Texas law. Further, in the event of joint and concurrent <br />negligence or fault of both Company and the City, responsibility for all costs of defense shall be <br />apportioned between the City and Company based upon the comparative fault of each. <br />3 <br />