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Zone 7 shall indemnify and hold harmless City from any Loss <br />which is due to or arises from: <br /> <br />The prosecution of any work contemplated by this <br />Agreement including the installation, construction, <br />maintenance, repair, renewal, modification, <br />reconstruction, relocation, or removal of the <br />transmission line or any part thereof; or <br /> <br />The presence, operation, or use of the transmission <br />line or contents escaping therefrom, except to the <br />extent that the Loss is caused by City's or its <br />contractors' negligence. <br /> <br /> 11. REMOVAL OF TRANSMISSION LINE. If Zone ? removes or <br />relocates the transmission line, Zone ? shall, at its sole <br />expense, restore, to City's satisfaction, such portions of such <br />property to as good a condition as they were in at the time of <br />the removal or relocation of the transmission line. If Zone 7 <br />fails to do the foregoing, City may do such restoration at Zone <br />7's cost and expense. In this latter event, City shall in no <br />manner be liable to Zone 7 for any damage sustained by Zone 7 for <br />or on account thereof, and such restoration shall in no manner <br />prejudice or impair any right of action for damages, or <br />otherwise, that city may have against Zone 7. <br /> <br /> 12. WAIVER OF BREACH. The waiver by City of the breach of <br />any condition, covenant or agreement herein to be kept, observed <br />and performed by Zone 7 shall in no way impair the right of City <br />to avail itself of any subsequent breach thereof. <br /> <br />13. TERMINATION. <br /> <br /> (a) If Zone 7 does not use the right herein granted or <br />the transmission line for one (1) year, or if Zone 7 continues in <br />default in the performance of any covenant or agreement herein <br />contained for a period of thirty (30) days after written notice <br />from City specifying such default, City may, at its option, <br />immediately terminate this Agreement by written notice. <br /> <br /> (b) Notice of default and notice of termination may be <br />served personally upon Zone 7 or by mailing to the last known <br />address of Zone 7. Termination of this Agreement for any reason <br />shall not affect any of the rights or obligations of the parties <br />hereto which may have accrued. <br /> <br /> 14. AGREEMENT NOT TO BE ASSIGNED. Zone 7 shall not assign <br />this Agreement, in whole or in part, or any rights herein <br />granted, without the written consent of City. However, a merger <br />or transfer to a successor in interest who assumes all <br />obligations shall be permitted. <br /> <br /> <br />