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<br />of any well(s) drilled on the Property in accordance with the procedures described in this <br />paragraph. If the City cancels this Letter of Consent, the City shall in no way be liable for such <br />cancellation. <br /> <br />The City will be notified at least 48 hours in advance of any planned activities on the <br />Property. The Company and Consultant will work with the City and appropriate designated <br />officials to assure the impact on ongoing traffic and underground utilities is minimized to the <br />greatest extent possible. <br /> <br />The Company and Consultant will indemnify and hold City, including but not limited to <br />City's agents, officers, employees, and invitees, harmless from any and all claims or other actions <br />in any way arising out of or as a result of the activities consented to hereunder, such activities <br />indemnified by Company and Consultant to include those activities not only of the Company and <br />Consultant, but those of their agents, employees, and contractors in connection with the activities <br />authorized under this Letter of Consent. Company or Consultant shall provide evidence (in the <br />form of insurance policies or certificates) to the City that Company or Consultant currently carries <br />and shall maintain during the term of consent of this letter appropriate insurance sufficient to <br />satisfy all indemnification obligations specified herein. Neither the Company, Consultant, nor any <br />of their agents, employees, or contractors shall enter upon the Property or commence the Work <br />under this Letter of Consent until Company and Consultant have first received the City's approval <br />of the evidence so provided. Each and every policy carried by the Company in compliance with <br />this paragraph must include as Additional Named Insured the City and any of its officers, agents, <br />and employees. Each policy or certificate will bear an endorsement or statement waiving right of <br />cancellation or reduction in coverage without thirty (30) days' notice in writing to be delivered by <br />registered mail to the City. Each such policy or certificate shall also include in its provisions a <br />waiver of any rights of subrogation against the City. <br /> <br />The parties agree that the Company and Consultant shall and do hereby assume full <br />responsibility for all expense related to injury or death of their employees (leased or otherwise); <br />that the Company and Consultant shall not use employees other than those employed by the <br />Company or Consultant; that such employees shall at all times be covered by Worker's <br />Compensation insurance; and that no employee who is not subject to such coverage shall be used <br />on the Property or in conjunction with the Work to be performed under this Letter of Consent. <br />Furthermore, the Company and Consultant agree that if any subcontractors are used on the job <br />site, those subcontractors shall likewise carry full Workers' Compensation insurance coverage. <br />All Worker's Compensation coverage shall include in its provisions a waiver of any rights of <br />subrogation against the City. <br /> <br />The Company and Consultant hereby assume all responsibility for compliance with any and <br />all local, state, or federal laws and regulations governing the Work under this Letter of Consent. <br />Further, the Company and Consultant agree that they will pay any fines or other penalties that may <br />be imposed on either of them or on the City for violation of the aforementioned regulations. <br /> <br />-2- <br />