|
connection with the construction, maintenance, repair, renewal,
<br />modification, relocation, reconstruction or removal of the
<br />transmission line within the licensed area, Zone 7 shall submit
<br />to city plans setting out the method and manner of handling the
<br />work, including the shoring and cribbing, if any, required to
<br />protect City's operations, and shall not proceed with the work
<br />~ntil such plans have been approved by the City Engineering
<br />Department.
<br />
<br /> 6. WORK TO BE ACCEPTABLE TO CITY. Zone 7's work performed
<br />in or on the City rights of way shall be to City's satisfaction;
<br />Zone 7 shall keep and maintain the soil or pavement over the
<br />transmission line thoroughly compacted and the grade even with
<br />the adjacent ground surface.
<br />
<br /> 7. NOTICE OF COMMENCEMENT OF WORK. If an emergency should
<br />arise requiring immediate attention, Zone 7 shall provide as much
<br />notice as practicable to City before commencing any work. In all
<br />other situations, Zone 7 shall notify City at least ten (10) days
<br />(or such other time as the City may allow) in advance of the
<br />commencement of any work upon property of the City in connection
<br />with the construction, maintenance, repair, renewal,
<br />modification, reconstruction, relocation or removal of the
<br />transmission line. All such work shall be prosecuted diligently
<br />to completion.
<br />
<br /> 8. ZONE 7 TO BEAR EXPENSES. Zone 7 shall bear the entire
<br />cost and expense incurred in connection with the construction,
<br />maintenance, repair and renewal and any and all modification,
<br />revision, relocation', removal or reconstruction of the
<br />transmission line, including any and all expense which may be
<br />incurred by City in connection therewith for supervision,
<br />inspection, flagging, or otherwise.
<br />
<br /> 9. RELOCATION OR REMOVAL OF PIPELINE. If the transmission
<br />line interferes with an essential and exclusive City use of its
<br />street rights of way, Zone 7 shall, at its sole expense, move all
<br />or any portion of the transmission line to nearest feasible
<br />location within City rights of way so as to eliminate such
<br />interference. (An exclusive City use, as reference herein, shall
<br />exclude third party development and other utilities).
<br />
<br /> 10. INDEMNITY. As used in this Section, "Loss" includes
<br />loss, damage, claims, demands, actions, causes of action,
<br />penalties, costs, and expenses of whatsoever nature, including
<br />court costs and attorneys' fees, which may result from:
<br />(a) injury to or death of persons whomsoever (including city's
<br />officers, agents, and employees, Zone 7's officers, agents, and
<br />employees, as well as any other person); and (b) damage to or
<br />loss or destruction of property whatsoever (including Zone 7's
<br />property, damage to City's property, or property in its care or
<br />custody).
<br />
<br />
<br />
|