Ordinance 2019-537 - Laserfiche WebLink

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Page 4 of 15 because of the installation, inspection, or repair of any of FPL's Facilities, the portion of the Public Right-Of-Way so excavated, damaged, or impaired shall, within a reasonable time after such excavation, damage, or impairment, be restored by FPL at its expense to a condition at least equal to its original condition before such damage. e) The City shall not be liable to FPL for any cost or expense in connection with any relocation of FPL's Facilities required under this Subsection (b) of this Section, except, however, FPL shall be entitled to reimbursement of its costs from others. f) FPL shall comply with the City's valid code and permit requirements and regulations, including those relating to rights-of-way. Except as expressly provided, nothing herein shall limit or alter the City's existing rights with respect to the use or management of its rights-of-way. Any changes in law on utility easements shall not affect this New Franchise Agreement. Section 4. Indemnification of the City. The acceptance of this New Franchise Agreement shall be deemed an agreement on the part of FPL to the following: (a) that FPL will defend, indemnify, and save the City harmless from any and all damages, claims, liability, losses and causes of action of any kind or nature arising out of an error, omission, or negligent act of FPL, its contractors or any of their agents, representatives, employees, or assigns, or anyone else acting by or through them, and arising out of or concerning the construction, operation or maintenance of its Facilities hereunder; and (b) that FPL will pay p Y all damages, claims, liabilities and losses of any kind or nature whatsoever, in connection therewith, including the City's attorney's fees and costs in the defense of any action in law or equity brought against the City, including appellate fees and costs and fees and costs incurred to recover attorney's fees and costs from FPL, arising from the error, omission, or negligent act of FPL, its contractors or any of their agents, representatives, employees, or assigns, or anyone else acting by or through them, and arising out of or concerning the construction, operation or maintenance of its Facilities hereunder. - Section 5. Rates, Rules and Regulations of FPL. Allrates and rules and regulations established by FPL from time to time shall be subject to such regulation as may be provided by law.