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<br />have executed a written agreement or lease setting forth the particular terms and provisions <br />under which the permit to occupy and use the public lands of the City will be granted. <br /> <br />(1) Indemnification. The City shall not enter <br />into any lease agreement or otherwise authorize <br />tower and/or antenna siting by any <br />telecommunications service provider until and <br />unless the City obtains an adequate indemnity from <br />such provider. The indemnity may except gross <br />negligence or intentional misconduct on the part of <br />the City, but must at least: <br /> <br />i. Release the City from and <br />against any and all liability and <br />responsibility in or arising out of the <br />construction, operation or repair of <br />the communications facility. Each <br />communications facility operator <br />must further agree not to sue or <br />seek any money or damages from <br />the City in connection with the <br />abovementioned matters; <br /> <br />ii. Indemnify and hold harmless <br />the City, its trustees, elected and <br />appointed officers, agents, servants <br />and employees, from and against <br />any and all claims, demands, or <br />causes of action of whatsoever kind <br />or nature, and the resulting losses, <br />costs, expenses, reasonable <br />attorneys' fees, liabilities, damages, <br />orders, judgments, or decrees, <br />sustained by the City or any third <br />party arising out of, or by reason of, <br />or resulting from or of each <br />communications facility operator, or <br />its agents, employees, or servants <br />negligent acts, errors, or omissions. <br /> <br />lll. Provide that the covenants <br />and representations relating to the <br />indemnification provision shall <br /> <br />Wireless Telecommunications Ord. <br /> <br />14 <br />