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construction shall apply thereto. In that event, City reserves the right to assess additional charges <br />or impose additional conditions deemed necessary to protect City property and Water <br />Department facilities and to protect the health, safety or welfare of the citizens of Callon City. <br />4.(a) The Licensee shall at all times be obligated to promptly maintain, repair and <br />renew the facilities and shall, upon notice in writing from. City requiring it to do <br />so, promptly make such repairs and renewals as may be reasonably required by <br />City. <br />(1) <br />(b) <br />If Licensee shall fail to promptly undertake and diligently pursue completion of <br />any maintenance or repair reasonably requested by the City, the City, for the <br />purpose of protecting and safeguarding its property, the property and facilities of <br />the Canon City Water Department or its citizens and their property from damage <br />or injury, may with or without additional notice to the Licensee at any time make <br />such repairs and renewals and furnish such material as it deems adequate and <br />necessary, all at the sole cost and expense of Licensee. <br />(c) In the event of an emergency, Licensee will take immediate steps to perform any <br />necessary repairs, and in the event Licensee fails to do so, City will perform the <br />necessary repairs at the sole cost and expense of Licensee. <br />5. In all matters concerning the design, construction, use, maintenance, repair, <br />renewal or removal of the facilities, Licensee shall comply with all applicable federal, state and <br />local laws, rules and regulations and assume all cost, expense and responsibility in connection <br />with such laws, rules and regulations, without any liability on the part of the City. <br />6.(a) To the fullest extent permitted by applicable law, the Licensee, as part of the <br />consideration for this license hereby releases and waives any right to ask for or <br />demand damages from the City for or on account of loss of or injury to the <br />facilities, including the loss of or interference with service or use thereof, <br />regardless of whether such loss or damage is attributable to the fault, failure or <br />negligence of the City or otherwise. <br />The Licensee also covenants and agrees to and shall at all times hold harmless and <br />indemnify the City from and against all claims and cost resulting from any losses <br />_. which the City may directly or indirectly suffer or be subjected to by reason or on <br />account of the design, construction, use, maintenance, renewal or removal of the <br />facilities in, on, about or from the premises of City, whether such losses and <br />damages be sustained by the City directly or by its governing body, elected or <br />appointed officials, employees, patrons, or licensees, or be sustained by other <br />persons or corporations, including the Licensee, its employees and agents who <br />may seek to hold the City liable therefor, and whether attributable to the fault, <br />failure or negligence of the City or otherwise, except when proved by Licensee to <br />be due directly to the sole and gross negligence of the City. <br />2 <br />