Common use of No Liability for Public Work, etc Clause in Contracts

No Liability for Public Work, etc. None of the City, its officers, agents, servants, employees, attorneys, consultants or independent contractors shall have any liability to the Company for any damage as a result of or in connection with the protection, breaking through, movement, removal, alteration, or relocation of any part of the Facilities by or on behalf of the Company or the City in connection with any emergency, public work, public improvement, alteration of any municipal structure, any change in the grade or line of any Inalienable Property, or the elimination, discontinuation, closing or demapping of any Inalienable Property, as provided in Section 2.4.3 and Section 4 hereof or other actions of the City referred to in Section 4. When reasonably possible, the Company shall be consulted prior to any such activity, but the City shall have no liability to the Company in the event it does not so consult the Company. All costs to repair or replace the Facilities, or parts thereof, damaged or removed as a result of such activity, shall be borne by the Company, provided, however, that the foregoing obligation of the Company pursuant to this Section 10.1.2 shall not apply to any liabilities, suits, obligations, fines, damages, penalties, claims, costs, charges and expenses arising out of any willful misconduct or negligence of the City, its officers, employees, servants, agents, attorneys, consultants or independent contractors.