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1997 045 Ordinance
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1997 045 Ordinance
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Last modified
11/19/2018 4:04:51 PM
Creation date
9/4/2018 9:13:29 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
045
Date
11/10/1997
Year
1997
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5.6 Failure to Report <br />The failure or neglect of the Permittee to file any of the reports or filings required under this <br />Permit, or such other reports as the Village may reasonably request, may, at the Village's option be <br />deemed a breach of this Permit. <br />5.7 False Statements <br />Any intentional false or misleading statement or representation in any report required by this <br />Permit may be deemed a breach of this Permit and may subject the Permittee to all remedies, legal <br />or equitable, which are available to the Village under this Permit or otherwise. <br />Section 6. INDEMNIFICATION AND INSURANCE. <br />6.1 Indemnification <br />(1) The Permittee shall construct, maintain and operate its Facilities in a manner which <br />provides protection against injury or damage to Persons or property. The Permittee for itself and its <br />related entities, agents, employees, subcontractors and the agents and employees of said <br />subcontractors shall save the Village harmless, defend, and indemnify the Village, its successors, <br />assigns, officers, employees, agents and appointed and elected officials from and against all liability <br />or damage and all claims or demands whatsoever in nature, and reimburse the Village for all its <br />reasonable expenses including attorney fees, as incurred, arising out of the installation and operation <br />of the Permittee's System within the Streets and Rights-of--Way, including but not limited to the <br />actions of the Permittee, its employees, agents, contractors, related entities, successors and assigns, <br />or the securing of and the exercise by the Permittee of the Permit rights granted in this Permit, <br />including any third party claims, administrative hearings, actions for copyright infringement and <br />litigation; whether or not any act or omission complained of is authorized, allowed, or prohibited by <br />this Permit. The terms of each contract awarded by the Permittee for activities pursuant to this <br />Permit shall contain indemnity provisions whereby the contractor shall indemnify the Village to the <br />same extent as described above. <br />(2) The Permittee shall pay, and by its acceptance of this Permit agrees to pay, all actual <br />expenses incurred by the Village in defending itself with regard to all damages and penalties arising <br />in any way out of the exercise of any rights granted hereunder. In the event the Village's litigation <br />against the Permittee for a breach of this Permit or for an interpretation of the Permit, and the Village <br />is the prevailing party, the Permittee shall reimburse the Village for all costs related thereto, including <br />reasonable attorney fees. <br />23 <br />
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