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26 <br /> <br />ii. Upon the determination of City that no violation has taken place, City <br />shall refund to Grantee, without interest, all monies drawn from the Letter <br />of Credit by reason of the alleged violation. <br /> <br />g. If said Letter of Credit or any subsequent Letter of Credit delivered <br />pursuant thereto expires prior to thirty (30) months after the expiration of the term of this <br />Franchise, it shall be renewed or replaced during the term of this Franchise to provide <br />that it will not expire earlier than thirty (30) months after the expiration of this Franchise. <br />The renewed or replaced Letter of Credit shall be of the same form and with a bank <br />authorized herein and for the full amount stated in paragraph 2(a) of this Section. <br /> <br />h. If City draws upon the Letter of Credit or any subsequent Letter of Credit <br />delivered pursuant hereto, in whole or in part, Grantee shall replace or replenish to its full <br />amount the same within ten (10) days and shall deliver to City a like replacement Letter <br />of Credit or certification of replenishment for the full amount stated in Section 9.2(a) <br />(Letter of Credit and Liquidated Damages) as a substitution of the previous Letter of <br />Credit. This shall be a continuing obligation for any draws upon the Letter of Credit. <br /> <br />i. If any Letter of Credit is not so replaced or replenished, City may draw on <br />said Letter of Credit for the whole amount thereof and use the proceeds as City <br />determines in its sole discretion. The failure to replace or replenish any Letter of Credit <br />may also, at the option of the City, be deemed a default by Grantee under this Franchise. <br />The drawing on the Letter of Credit by City, and use of the money so obtained for <br />payment or performance of the obligations, duties and responsibilities of Grantee which <br />are in default, shall not be a waiver or release of such default. <br /> <br />j. The collection by City of any damages, monies or penalties from the <br />Letter of Credit shall not affect any other right or remedy available to City, nor shall any <br />act, or failure to act, by City pursuant to the Letter of Credit, be deemed a waiver of any <br />right of City pursuant to this Franchise or otherwise. <br /> <br />3. Indemnification of City. <br /> <br />a. City, its officers, boards, committees, commissions, elected officials, <br />employees and agents shall not be liable for any loss or damage to any real or personal <br />property of any Person, or for any injury to or death of any Person, arising out of or in <br />connection with Grantee’s construction, operation, maintenance, repair or removal of the <br />System or as to any other action of Grantee with respect to this Franchise. <br /> <br />b. Grantee shall indemnify, defend, and hold harmless City, its officers, <br />boards, committees, commissions, elected officials, employees and agents, from and <br />against all liability, damages, and penalties which they may legally be required to pay as <br />a result of the City’s exercise, administration, or enforcement of the Franchise. <br /> <br />c. Nothing in this Franchise relieves a Person, except City, from liability <br />arising out of the failure to exercise reasonable care to avoid injuring the Grantee's