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

No Liability for Public Work, etc. None of City, its officers, agents, servants, employees, attorneys, consultants or independent contractors shall have any liability to 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 System by or on behalf of Company or City in connection with any emergency, public work, public improvement, alteration of any municipal structure, any change in the grade or line of any Right-of-Way of City, or the elimination, discontinuation, closing or demapping of any Right-of-Way of City, as provided in Sections 2.4.5 and 5.4 hereof. When reasonably possible, Company shall be consulted prior to any such activity and shall be given the opportunity to perform such work itself, but City shall have no liability to Company in the event it does not so consult Company. All costs to repair or replace the System, or parts thereof, damaged or removed as a result of such activity, shall be borne by Company; provided, however, that the foregoing obligation of Company pursuant to this Section 10.1.2 shall not apply to any willful misconduct or gross negligence of City, its officers, employees, servants, agents, attorneys, consultants or independent contractors.

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 System 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 Right-of-Way Inalienable Property of the City, or the elimination, discontinuation, closing or demapping of any Right-of-Way Inalienable Property of the City, as provided in Sections 2.4.5 and 5.4 hereof. When reasonably possible, the Company shall be consulted prior to any such activity and shall be given the opportunity to perform such work itself, 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 System, 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 willful misconduct or gross negligence of the City, its officers, employees, servants, agents, attorneys, consultants or independent contractors.

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, alteration or relocation of any part of the System 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 Right-of-Way Inalienable Property of the City, or the elimination, discontinuation, closing or demapping of any Right-of-Way Inalienable Property of the City, as provided in Sections 2.4.5 and 5.4 hereof. When reasonably possible, the Company shall be consulted prior to any such activity and shall be given the opportunity to perform such work itself, 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 System, or parts thereof, damaged or removed as a result of such activity, activity shall be borne by the Company; provided, however, that the foregoing obligation obligations of the Company pursuant to this Section 10.1.2 shall not apply to any willful misconduct or gross negligence of the City, its officers, employees, servants, agents, attorneys, consultants or independent contractors.