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<br /> <br /> <br /> <br /> <br /> <br /> costs, expenses, and attorney fees incurred by the CITY in <br /> defense thereof. Upon commencement of any suit, proceeding at <br /> <br /> law or in equity against the CITY relating to or covering any <br /> <br /> matter covered by this indemnity, wherein PCI has agreed by <br /> <br /> accepting this franchise, to indemnify and hold the CITY <br /> harmless, or to pay said final judgment and costs, as the case <br /> <br /> may be, the CITY shall give PCI immediate notice of such suit or <br /> <br /> proceeding. Whereupon PCI shall provide a defense to any such <br /> suit ar suits, including any appellate proceedings brought in <br /> <br /> connection therewith, and pay as aforesaid, any final judgment or <br /> <br /> judgments that may be rendered against the CITY by reason of such <br /> <br /> damage suit. Upon failure of PCI to comply with the "defense of <br /> suit" provisions of the franchise, after reasonable notice to it <br /> <br /> by the CITY, the CITY shall have the right to defend the same in <br /> <br /> addition to being reimbursed for any such judgment that may be <br /> rendered against the CITY, together with all court costs incurred <br /> <br /> therein, PCI shall reimburse the CITY for attorney's fees, <br /> <br /> including those employed by the CITY in such case or cases, as <br /> <br /> well as ail expenses incurred by the CITY by reason of <br /> undertaking the defense of such suit or suits, whether such <br /> <br /> suit or suits are successfully defended, settled, compromised, or <br /> <br /> fully adjudicated against the CITY. <br /> In the event the CITY is compelled to undertake the defense <br /> <br /> of any such suit by reason of PCI's failure to perform as here <br /> <br /> and above provided, the CITY shall have the full right and <br /> <br /> authority to make or enter into any settlement or compromise of <br /> such adjudication as the CITY Council shall deem in the best <br /> <br /> interest of the CITY, this without the prior approval or consent <br /> <br /> of PCI with respect to the terms of such compromise or <br /> settlement. <br /> <br /> Section 9. As a condition of the grant of this <br /> <br /> franchise, and in consideration thereof, PCI shall reimburse the <br /> <br /> CITY for its reasonable costs of participating in ratemaking <br /> proceedings before any regulatory authority of the State <br /> <br /> exercising jurisdiction over the rates of PCI including any <br /> <br /> <br /> <br /> -7- <br />