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<br />expense, any claim to be indemnified and to be held hannless by Cox under the Franchise <br />Agreement and/or the Lease Agreement. Any recovery by the City on behalf of the District shall <br />be remitted immediately to the District upon receipt by the City. Each party to this Agreement <br />shall be solely responsible for the defense of, and any costs resulting rrom, any and all claims, <br />injuries, diunages, and expenses (including reasonable attorneys' fees) arising rrom or related to <br />its acts or omissions and/or the acts or omissions of each of its employees, agents, contractors, <br />representatives or third party providers in connection with the construction, operation and use of <br />the Leased Fibers. <br /> <br />10. Pursuant to the Franchise Agreement, Cox will provide a remote origination point at <br />a location at Lakewood High School to be designated by the Superintendent of the District. Any <br />other remote origination points will feed into and be managed by staff at the Lalœwood High <br />School studio, known as the Lakewood Community Video Center, which will serve as a central <br />location to distribute access programming directly to Cox's head-end(s). <br /> <br />11. Some remote origination point transmission equipment to be used by the City or the <br />District will be located at the Lakewood Community Video Center. Each party to this Agreement <br />shall be responsible, at its sole cost, for obtaining and maintaining all such equipment to be used <br />by it. Notwithstanding the foregoing, upon request by the City, the District shall purchase such <br />equipment on behalf of the City if such purchase or purchases are eligible for federal E-rate <br />funding and the City shall reimburse the District for such purchase or purchases upon demand. <br /> <br />12. To the extent any products or services utilized by the City or the District in <br />connection with the Fiber Optic B-Loop are eligible for federal E-rate fimding and such funding <br />is obtained pursuant to the District's application( s) for such funding, the District shall be entitled <br />to receive and retain all such funding up to the total amount of all expenditures by the District in <br />accordance with paragraphs 1 and 2 above, and thereafter the District and the City shall share <br />equally all such funding. The City and the District shall cooperate with each other to maximize <br />the District's eligibility for E-rate funding with respect to products and services to be utilized by <br />the City and/or the District. <br /> <br />13. The District shall have the use and control of the first Public, Educational and <br />Government (pEG) access channel provided by Cox, but the District shall accommodate any <br />request by the City to broadcast City govemment programming and character-generated <br />community calendar notices, subject to sufficient advance notice to the District to accommodate <br />such programming and notices within the District's current programming schedule. Once the <br />second PEG access channel is activated in accordance with the Franchise Agreement, the District <br />shall have the sole use and control of the first PEG access channel. <br /> <br />14. The City shall cooperate with the District as reasonably necessary for the District to <br />receive all rights and protections to which the City is entitled under the Franchise Agreement <br />and/or the Lease Agreement to the extent the City reasonably detennines that such rights and/or <br />protections are intended to benefit the District. At the request of the District, the City shall <br />provide to Cox any notice pennitted or required under the Franchise Agreement and/or the Lease <br />Agreement if such notice would directly benefit or protect the District in connection with its use <br />of the PEG access channel or the Leased Fibers dedicated to its buildings. <br /> <br />379325-1 <br />