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underground and overhead installation or improvement that may be deemed necessary or proper
<br />by the governing body of the CITY in, across, along, over, or under any street, alley, highway,
<br />public thoroughfare, public utility easement, or public way occupied by PCI, and to change any
<br />curb or sidewalk or the grade of any street. In permitting such work to be done, the CITY shall
<br />not be liable to PCI for any damage so caused, nor shall the CITY be liable to PCI for any
<br />damages arising out of the performance by the CITY or its contractors or subcontractors, not
<br />willfully and unnecessarily occasioned; provided, however, nothing herein shall relieve any other
<br />person or corporation from liability for damages to facilities of PCL The CITY expressly reserves
<br />the right to change the grade, install, relocate, or widen the public streets, sidewalks, bikeways,
<br />alleys, public thoroughfares, highways, and public ways and places within the present limits of
<br />the CITY and within said limits as the same may from time to time be extended, and PCI shall
<br />relocate, at its own expense, its poles, wires, cables, anchors, manholes, conduits, fiber-optic
<br />cables, and other facilities and appurtenances in order to accommodate the installation, relocation,
<br />widening, or changing of the grade of any such public street, sidewalk, bikeway, alley, public
<br />thoroughfare, highway or public way, including, if necessary, relocating such poles, wires, cables,
<br />anchors, manholes, conduits, fiber-optic cables or other facilities or appurtenances to a sufficient
<br />distance from the edge of the pavement to permit a reasonable work area for machinery and
<br />individuals engaged in installing, relocating, widening, or changing the grade of any public street,
<br />sidewalk, bikeway, alley, public thoroughfare, highway or public way. The CITY also herein
<br />reserves the right to require PCI to relocate, at the sole expense of PCI, any facilities erected or
<br />maintained pursuant to the privilege granted herein, if said relocation is deemed necessary by the
<br />governing body or its designated representative for traffic safety purposes or the accommodation
<br />of other necessary utilities owned and/or operated by the CITY or the public service, including
<br />traffic signals. Whenever by reason of changes in the grade of a thoroughfare or in the location
<br />or manner of constructing a water pipe, gas pipe, sewer, or other aboveground or underground
<br />structure, it is deemed necessary by the CITY to remove, alter, change, adapt, or conform the
<br />underground or aboveground facilities of PCI, PCI shall make the alterations as soon as
<br />practicable when ordered in writing by the CITY, without claim for reimbursement or damages
<br />against the CITY.
<br />Section 7. That PCI, on request of any person, shall promptly remove, raise or lower its
<br />wires temporarily to permit the moving of houses or other bulky structures. The reasonable
<br />expense of such temporary removal, raising, or lowering of wires shall be paid by the benefitted
<br />party or parties.
<br />Section 8. That PCI, as a condition of the grant of this franchise, and in consideration
<br />thereof, shall protect, indemnify, and hold the CITY harmless against all claims for damages to
<br />persons or property by reasons of the construction, maintenance, and operation of its facilities and
<br />conduct of business, or in any way growing out of the granting of this franchise, directly, or
<br />indirectly, where injury is caused, or alleged to have been caused, wholly or in part, by any act,
<br />omission, negligence, or misconduct of PCI or any of its contractors, officers, agents, or
<br />employees, or by any person for whose act, omission, negligence, or misconduct PCI is by law
<br />responsible. This provision is not intended to create liability for the benefit of third parties but
<br />is solely for the benefit of PCI and the CITY. In the event any claim is made against the CITY
<br />that falls under this indemnity and a courC of competent jurisdiction should adjudge, by final
<br />decree, that the CITY is liable therefor, PCI shall indemnify and hold the CITY harmless of and
<br />from any such judgment or liability, including any court costs, expenses, and attorney fees
<br />incurred by the CITY in defense thereof . Upon commencement of any suit or proceeding at law
<br />or in equity against the CITY relating to or covering any matter covered by this indemnity,
<br />wherein PCI has agreed, by accepting this franchise, to indemnify and hold the CITY harmless,
<br />or to pay said final judgment and costs, as the case may be, the CITY shall give PCI immediate
<br />notice of such suit or proceeding. Whereupon PCI shall provide a defense to any such suit or
<br />suits, including any appellate proceedings brought in connection therewith, and pay as aforesaid,
<br />any final judgment or judgments that may be rendered against the CITY by reason of such damage
<br />suit. Upon failure of PCI to comply with the "defense of suit" provisions of the franchise, after
<br />reasonable notice to it by the CITY, the CITY shall have the right to defend the same in addition
<br />to being reimbursed far any such judgment that may be rendered against the CITY, together with
<br />all court costs incurred therein, PCI shall reimburse the CITY for attorney's fees, including those
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