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<br />charge Metricom for the proposed costs to be incurred or the actual costs
<br />incurred by the City at City's standard rates. Upon the receipt of a demand for
<br />payment by the City, Metricom shall promptly reimburse the City for such costs.
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<br />6 INDEMNIFICATION AND WAIVER. Metricom agrees to indemnify, defend, protect, and
<br />hold harmless the City, its council members, officers, and employees from and against
<br />any and all claims, demands, losses, damages, liabilities, fines, charges, penalties,
<br />administrative and judicial proceedings and orders, judgements, remedial actions of
<br />any kind, all costs and cleanup actions of any kind, and all costs and expenses incurred
<br />in connection therewith, including reasonable attorney's fees and costs of defense
<br />(collectively, the "Losses") directly or proximately resulting from Metricom's activities
<br />undertaken pursuant to this Use Agreement, except to the extent arising from or caused
<br />by the negligence or willful misconduct of the City, its council members, officers,
<br />employees, agents, or contractors.
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<br />6.1 Waiver of Claims. Metricom waives any and all claims, demands, causes
<br />of action, and rights it may assert against the City on account of any loss,
<br />damage, or injury to any Radio or any loss or degradation of the Services as a
<br />result of any event or occurrence which is beyond the reasonable control of the
<br />City.
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<br />6.2 Limitation of City's Liability. Notwithstanding anything to the contrary
<br />in this Use Agreement, with respect to damage to the Radios or the Ricochet@
<br />system caused by the City, the City shall be liable only for the cost of repair to
<br />damaged Radios arising from the negligence or willful misconduct of City, its
<br />employees, agents, or contractors and in no event shall be liable for any
<br />consequential, noneconomic, or punitive damages in connection with such
<br />damage, including damage to the Ricochet@ system by virtue of damage to any
<br />particular Radio or Radios.
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<br />7 INSURANCE. Metricom shall obtain and maintain at all times during the term of this
<br />Use Agreement commercial general liability insurance and commercial automobile
<br />liability insurance protecting Metricom in an amount not less than One Million Dollars
<br />($1,000,000) per occurrence (combined single limit), including bodily injury and
<br />property damage, and in an amount not less than One Million Dollars ($1,000,000)
<br />annual aggregate for each personal injury liability and products-completed operations.
<br />Such insurance policies shall name the City, its council members, officers, and
<br />employees as additional insureds as respects any covered liability arising out of
<br />Metricom's performance of work under this Use Agreement. Coverage shall be in an
<br />occurrence form and in accordance with the limits and provisions specified herein.
<br />Claims-made policies are not acceptable. When an umbrella or excess coverage is in
<br />effect, coverage shall be provided in following form. Such insurance shall not be
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<br />Right-of-Way Use Agree71U!nt
<br />City oflA Parle:: Metricom, Inc.
<br />page 8 of73
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