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• • proceeding is brought jointly against the City and the Company, at law or in equity, on account thereof, the Company will defend the City in any such suit or proceeding at the cost of the Company, provided the City gives such assistance and cooperation in the defense of any such suit or proceeding as reasonable necessary or desirable to proper defense. Nothing herein contained shall be construed to render the Company liable for the negligence of the City or of its agents or employees, or for that of any other person, firm, or corporation. Section 6. The City reserves the right, to the extent permitted by state and federal law, by ordinance or resolution, to establish any reasonable regulations for the convenience, safety, and protection of its inhabitants under its police powers. The rights herein granted are subject to the exercise of such powers as the same now are or may hereafter be conferred upon the City. Without limitations as to the generality of the foregoing, in the event the Company decides to install its own fiber, the City reserves the full scope of its power to require by ordinance substitution of underground service for overhead service, or the transfer of overhead service from the front to the rear of property whenever reasonable in all areas of the City. The City further reserves the full scope of its police power to require by ordinance the location, construction, and maintenance of overhead service at the rear of property or underground service wherever reasonable in all new service installations in the City, in the event the Company decides to install its own fiber. Section 7. The Company will maintain its poles, wires, cables, conduits, lines, manholes, facilities, and equipment within the City in good order and operating condition throughout the term of this agreement. Section 8. Should the Company decide to own and install its own lines, cable, or equipment (rather than merely leasing excess capacity), and should the Company install any overhead lines, it shall have the authority to trim trees upon or overhanging the streets, alleys, walkways, or rights -of -way of the City to prevent the branches of such trees from interfering with its lines or other facilities. In case of any trimmings of trees that must be removed from private property, the Company shall be responsible to secure the necessary permission of the property owner. All such trimmings shall be performed in a safe and orderly manner and in compliance with the pruning standards of the National Arborists Association as currently in effect. Section 9. As a franchise fee for the rights herein granted, the Company shall pay on June 1 of each year during which this franchise shall be in effect, the sum of One Thousand Dollars ($1,000.00) for each linear mile, or fraction thereof, of overhead or underground cable installed for or by Company and in place within the City. The mileage computation for the Cable System shall be made initially by Company and certified each year to the City with respect to operational linear miles of cable on or before the immediately preceding May 1. The payments made hereunder shall be in addition to, and not in lieu of, any business license tax, real or personal property tax, or other tax of general application to which the Company may be subject. 3