RES 89295 - Laserfiche WebLink

5. City shall notify Pacific when construction of the improvements in the area of the facilities is to occur and Pacific shall provide a representative on site to observe and monitor the construction. 6. With respect to the City's construction of the improvements, a. Pacific shall hold City harmless against and from all cost, liability and expense whatsoever, including delay claims and costs, and including Pacific's alleged loss of profits, revenues or service, arising out of or in any way contributed by any act or omission of the City, its contractor, agents and employees, other than active negligence or willful misconduct, that causes or contributes to any damage or to the destruction of the facilities by City, its contractor, agents and employees; b. Pacific shall indemnify, and hold City harmless against and from all costs, liabilities, and expenses whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of the City, its contractor, agents and/or employees, other than active negligence or willful misconduct, that causes or contributes to any claim or cause of action for alleged loss of profits, revenues, or service by a customer or user of the facilities. For purposes of this paragraph, the exposure and direct contact of the facilities by construction equipment causing damage to the facilities shall be deemed active negligence. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. PACIFIC BELL CITY OF PLEASANTON By James R. Walker City Manager ATTEST: ATTEST: Peggy Ezidro, City Clerk APPROVED AS TO FORM: Michael H. Roush, City Attorney (ca525a.mll) 2