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<br />Provider or Contractor shall obtain and furnish to the City replacement
<br />insurance policies meeting the requirements of this Section.
<br />(7) Upon written application to, and written approval by, the City Engineer, a
<br />Service Provider or Contractor may be self-insured to provide all of the
<br />same coverages as listed in this Section; except that all coverages for
<br />Workers' Compensation shall be in compliance with State law. No
<br />approval for self-insurance shall be given until the Director of Law has
<br />made a review of the Service Provider's or Contractor's financial ability to
<br />provide such self-insurance. As part of the review process, the Director of
<br />Law may require, and the self-insurance applicant shall provide, financial
<br />documents sufficient to make a determination of the applicant's financial
<br />ability to meet the requirements of this Chapter.
<br />(b) General Indemnification. Each application for consent to Occupy or Use the
<br />Right-of-Way, and each annual registration, shall include, to the extent permitted by law, the
<br />Service Provider or Contractor's express undertaking to defend, indemnify and hold the City and
<br />its elected and appointed officers, officials, employees, agents, representatives and
<br />subcontractors harmless from and against any third party claims (including all damages, losses
<br />and expenses, reasonable attorney's fees and costs of suit or defense), arising out of, resulting
<br />from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions,
<br />failures to act or misconduct of the Contractor or Service Provider or its Affiliates, officers,
<br />employees, agents, contractors or subcontractors relating to the Service Provider's or
<br />Contractor's Occupancy or Use of the Right-of-Way, whether such acts or omissions are
<br />authorized, allowed or prohibited by this Chapter. A Service Provider or Contractor, however,
<br />will have no obligation to defend, indemnify or hold the City and its elected and appointed
<br />officers, officials, employees, agents, representatives and subcontractors harmless from their own
<br />negligence.
<br />(c) Performance Bond. As a condition of consent to Occupy or Use the Right-of-
<br />Way, and to ensure the full and complete compliance with, and performance under this Chapter,
<br />including any costs, expenses, damages or loss the City pays or incurs because of any failure
<br />attributable to a Service Provider or Contractor to comply with the codes, ordinances, rules,
<br />regulations or permits of the City, each Service Provider and Contractor shall, in the amount of
<br />Fifty Thousand Dollars ($50,000) or such lesser amount as the City Engineer may determine to
<br />be necessary (i) furnish and file with the City a Performance Bond running to the City, or (ii)
<br />provide an unconditional letter of credit, or other instrument acceptable to the City in the
<br />required amount from a company licensed to do business in the State of Ohio. The performance
<br />bond or letter of credit or other instrument shall be subject to the reasonable approval of the
<br />Director of Law, and shall be maintained at the Service Provider or Contractor's sole expense as
<br />long as the Service Provider or Contractor continues to Occupy or Use the Right-of-Way.
<br />(1) Before claims are made against the Performance Bond, letter of credit or
<br />other instrument, the City shall give written notice to the Service Provider
<br />or Contractar:
<br />(A) describing the act, default or failure to be remedied, or the
<br />damages, cost or expenses which the City has incurred by reason
<br />of the Service Provider or Contractor's act or default;
<br />(B) providing a reasonable opportunity for the Service Provider or
<br />Contractor to remedy the existing or ongoing default or failure, if
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