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<br /> <br /> <br /> <br /> <br /> <br /> deemed necessary by the governing body or its designated <br /> <br /> representative for traffic safety purposes or the accommodation <br /> of other necessary utilities owned and/or operated by the CITY or <br /> <br /> the public service, including traffic signals. Whenever by <br /> <br /> reason of changes in the grade of a thoroughfare or in the <br /> location or manner of constructing a water pipe, gas pipe, sewer, <br /> <br /> or other aboveground or underground structure, it is deemed <br /> <br /> necessary by the CITY to remove, alter, change, adapt, or conform <br /> <br /> the underground or aboveground facilities of PCI, PCI shall make <br /> the alterations as soon as practicable when ordered in writing by <br /> <br /> the CITY, without claim for reimbursement or damages against the <br /> <br /> CITY. <br /> Section l. PCI, on request of any person, shall promptly <br /> <br /> remove or raise or lower its wires temporarily to permit the <br /> <br /> moving of houses or other bulky structures. The reasonable <br /> <br /> expense of such temporary removal, raising or lowering of wires <br /> shall be paid by the benefitted party or parties. <br /> <br /> Section 8. PCI, as a condition of the grant of this <br /> <br /> franchise, and in consideration thereof, shall protect, <br /> indemnify, and hold the CITY harmless against all claims for <br /> <br /> damages to persons or property by reasons of the construction, <br /> <br /> maintenance and operation of its facilities, and conduct of <br /> business, or any way growing out of the granting of this <br /> <br /> franchise, directly, or indirectly, when injury is cause, or <br /> <br /> alleged to have been caused, wholly or in part, by any act, <br /> <br /> omission, negligence, or misconduct of PCI or any of its <br /> contractors, officers, agents, or employees, or by any person for <br /> <br /> whose act, omission, negligence, or misconduct, PCI is by law <br /> <br /> responsible. This provision is not intended to create liability <br /> for the benefit of third parties but is solely for the benefit of <br /> <br /> PCI and the CITY. In the event any claim is made against the <br /> <br /> CITY that falls under this indemnity and a Court of competent <br /> <br /> jurisdiction should adjudge, by final decree, that the CITY is <br /> liable therefor, PCI shall indemnify and hold the CITY harmless <br /> <br /> of and from any such judgment or liability, including any court <br /> <br /> <br /> -6- <br />