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C. Ifthe City decides to pay the provider just compensation to remove the nonconforming facility, City and provider shall enter into an agreement for the payment of just compensation and the removal of the facility. D. If the City establishes an amortization period for the elimination of the nonconforming facility, provider shall, at the expiration of such amortization period, remove all equipment associated with the personal wireless service facility. E. The remedies for the removal of nonconforming uses set forth in this Section 18.110.280 are not exclusive. City retains the right to use any and all other means legally available to remove a nonconforming facility. 18.110.290 Change in Federal or State Regulations All personal wireless service facilities shall meet the current standards and regulations of the Federal Conununications Commission, the California Public Utilities Commission, and any other agency of the federal or state government with the authority to regulate personal wireless service providers. If such standards and regulations are changed, the personal wireless service providers shall bring such facilities into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal or state agency. Failure to bring personal wireless service facilities into compliance with such revised standards and regulations shall constitute grounds for the immediate removal of such facilities at the personal wireless service provider's expense. 18.110.300 Indemnity and Liability A. The personal wireless service provider shall defend, indemnifY and hold harmless the City or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project, unless such claim, action, or proceeding is based on the City's active negligence or misconduct, when such claim or action is brought within the time period provided for in applicable state and local statutes. The City shall promptly notifY the provider(s) of any such claim, action or proceeding. The City shall have the option of coordinating in the defense. Nothing contained in this Subsection shall prohibit the City from participating in a defense of any claim, action, or proceeding if the City bears its own attorney's fees and costs, and the City defends the action in good faith. B. Personal wireless service providers shall be strictly liable for any and all sudden and accidental pollution and gradual pollution from the usage of their personal wireless service facilities within the City. This liability shall include cleanup, injury or damage to persons or property. Additionally, personal wireless service providers shall be RZ-97-7 3/25/98 RZ977A4.sam/RKE Page 24