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<br />Eligible Facilities Requests Policy (City of Pleasanton) page 21 / 26
<br />(D) a toll-free telephone number to the wireless facility’s network operations
<br />center where a live person with power-down control over the wireless facility
<br />is available 24 hours-per-day, seven days-per-week.
<br />
<br />If the entity for the permittee, property owner, structure owner, site operator,
<br />equipment owner, site manager, or agent for service of process changes, the
<br />permittee shall furnish the City with updated information within 10 business
<br />days.
<br />
<br />Additionally, the permittee must update the signage at the wireless facility to
<br />accurately identify the equipment owner/operator, the owner/operator’s site
<br />name or identification number and the 24 hours-per-day, seven day-per-week,
<br />toll-free telephone number to the owner/operator’s network operations center
<br />whenever such information about the same changes
<br />
<br />(19) Indemnification. The permittee and, if applicable, the owners of the property
<br />and the structure upon which the wireless facility is installed (other than the
<br />City), shall defend, indemnify and hold harmless the City, its officers, officials,
<br />employees and volunteers (collectively, the “City Indemnitees”) from any and
<br />all (A) damages, liabilities, injuries, losses, costs and expenses and from any
<br />and all claims, demands, law suits, writs and other actions or proceedings
<br />(“Claims”) brought against the City or any City Indemnitees to challenge,
<br />attack, seek to modify, set aside, void or annul this EFR Approval, the City’s
<br />grant of this EFR Approval or the grant of this EFR Approval by the operation
<br />of law, and (B) other Claims of any kind or form, whether for personal injury,
<br />death or property damage, that arise from or in connection with the permittee’s
<br />or its agents’, directors’, officers’, employees’, contractors’, subcontractors’,
<br />licensees’, or customers’ acts or omissions in connection with this EFR
<br />Approval, the City’s grant of this EFR Approval, the grant of this EFR Approval
<br />by the operation of law or the wireless facility. If the City becomes aware of any
<br />Claims, the City will use best efforts to promptly notify the permittee and the
<br />owners of the property and the structure (if applicable) and shall reasonably
<br />cooperate in the defense. The permittee, property owner and structure owner
<br />expressly acknowledge and agree that the City shall have the right to approve,
<br />which approval shall not be unreasonably withheld, the legal counsel providing
<br />the City’s defense, and the permittee, property owner and/or structure owner
<br />shall promptly reimburse the City for any costs and expenses directly and
<br />necessarily incurred by the City in the course of the defense. The permittee ,
<br />property owner and structure owner expressly acknowledge and agree that the
<br />permittee’s indemnification obligations under this condition are a material
<br />consideration that motivates the City to approve this EFR Approval, and that
<br />such indemnification obligations will survive the expiration, revocation or other
<br />termination of this EFR Approval.
<br />
<br />(20) Insurance.
<br />
<br />Docusign Envelope ID: 51CE5BDE-55F1-4B3D-8865-17E5814CF0C5
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