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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 determines
<br />in its sole discretion. The failure to replace or replenish any Letter of Credit may also, at
<br />the option of the City, be deemed a default by Grantee under this Franchise. The drawing
<br />on the Letter of Credit by City, and use of the money so obtained for payment or
<br />performance of the obligations, duties and responsibilities of Grantee which are in default,
<br />shall not be a waiver or release of such default.
<br />j. The collection by City of any damages, monies or penalties from the Letter
<br />of Credit shall not affect any other right or remedy available to City, nor shall any act, or
<br />failure to act, by City pursuant to the Letter of Credit, be deemed a waiver of any right of
<br />City pursuant to this Franchise or otherwise.
<br />3. Indemnification of City.
<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 />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 a
<br />result of the City's exercise, administration, or enforcement of the Franchise.
<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 facilities
<br />while performing work connected with grading, regarding, or changing the line of a Right -
<br />of -Way or public place or with the construction or reconstruction of a sewer or water
<br />system.
<br />d. Grantee shall contemporaneously with this Franchise execute an Indemnity
<br />Agreement in the form of Exhibit G, which shall indemnify, defend and hold the City and
<br />Commission harmless for any claim for injury, damage, loss, liability, cost or expense,
<br />including court and appeal costs and reasonable attorneys' fees or reasonable expenses
<br />arising out of the actions of the City and/or Commission in renewal of this Franchise. The
<br />term of the Indemnity Agreement shall not exceed 180 days' from the Effective Date of
<br />this Franchise, unless the City or Commission has received statutory notice of a claim based
<br />upon the renewal of this Franchise. This obligation includes any claims by another
<br />franchised cable operator against the City and/or Commission that the terms and conditions
<br />of this Franchise are less burdensome than another franchise granted by the City or that
<br />this Franchise does not satisfy the requirements of applicable state law(s).
<br />4. Insurance.
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