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the term of this Franchise, it shall be renewed or replaced during the term <br /> of this Franchise to provide that it will not expire earlier than thirty (30) <br /> months after the expiration of this Franchise. The renewed or replaced <br /> Letter of Credit shall be of the same form and with a bank authorized <br /> herein and for the full amount stated in Paragraph A of this Section. <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 <br /> replenish to its full amount the same within ten (10) days and shall deliver <br /> to City a like replacement Letter of Credit or certification of replenishment <br /> for the full amount stated in Section 9.2 (a) as a substitution of the previous <br /> Letter of Credit. This shall be a continuing obligation for any draws upon <br /> the Letter of Credit. <br /> 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 <br /> City determines in its sole discretion. The failure to replace or replenish <br /> any Letter of Credit may also, at the option of the City, be deemed a <br /> default by Grantee under this Franchise. The drawing on the Letter of <br /> Credit by City, and use of the money so obtained for payment or <br /> 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 /> 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 <br /> shall any act, or failure to act, by City pursuant to the Letter of Credit, be <br /> deemed a waiver of any right of City pursuant to this Franchise or <br /> 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 <br /> or personal property of any Person, or for any injury to or death of any <br /> Person, arising out of or in connection with Grantee's construction, <br /> operation, maintenance, repair or removal of the System or as to any other <br /> 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, <br /> from and against all liability, damages, and penalties which they may <br /> legally be required to pay as a result of the City's exercise, administration, <br /> or enforcement of the Franchise. <br /> 25 <br />