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It shall be the responsibility of Grantee to take adequate measures to protect and defend its Facilities in the PROW from harm or damage. If Grantee fails to accurately or timely locate Facilities when requested, in accordance with the Kansas Underground Utility Damage Prevention Act, K.S.A. 66-1801 et seq., Grantee shall have no claim for costs or damages against the City and its authorized contractors unless such parties are responsible for the harm or damage caused by their gross negligence or intentional conduct. The City and its authorized contractors shall be responsible to take reasonable precautionary measures including observing marker posts when working near Grantee’s Facilities.

Grantee shall indemnify, defend, and hold harmless the City, its officers, employees, agents, and contractors, from and against liability, claims, demands, losses, damages, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, and the costs and expenses incurred in connection therewith, including reasonable attorneys’ fees and costs of defense to the extent resulting from activities undertaken by Grantee pursuant to this Agreement, except to the extent arising from or caused by the negligence or willful misconduct of the City, its officers, employees, agents, or contractors. The City shall promptly notify Grantee of any claim, action or proceeding. (Ord. 20044 § 8, 12-20-16.)