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• <br />• <br />• <br />party, and the Company shall provide the City Attorney with a certificate of such coverage <br />before beginning installation of any lines, cable, or equipment and annually thereafter. The <br />Company shall also require similar indemnification and insurance coverage from any contractor <br />working in the public rights -of -way on behalf of the Company. In the event that any suit or <br />proceeding is brought jointly against the City and the Company, at law or in equity, on account <br />thereof, the Company will defend the City in any such suit or proceeding at the cost of the <br />Company, provided the City gives such assistance and cooperation in the defense of any such <br />suit or proceeding as reasonable necessary or desirable to proper defense. Nothing herein <br />contained shall be construed to render the Company liable for the negligence of the City or of <br />its agents or employees, or for that of any other person, firm, or corporation. <br />Section 6. The City reserves the right, to the extent permitted by state and federal <br />law, by ordinance or resolution, to establish any reasonable regulations for the convenience, <br />safety, and protection of its inhabitants under its police powers. The rights herein granted are <br />subject to the exercise of such powers as the same now are or may hereafter be conferred upon <br />the City. Without limitations as to the generality of the foregoing, in the event the Company <br />decides to install its own fiber, the City reserves the full scope of its power to require by <br />ordinance substitution of underground service for overhead service, or the transfer of overhead <br />service from the front to the rear of property whenever reasonable in all areas of the City. The <br />City further reserves the full scope of its police power to require by ordinance the location, <br />construction, and maintenance of overhead service at the rear of property or underground service <br />wherever reasonable in all new service installations in the City, in the event the Company <br />decides to install its own fiber. <br />Section 7. The Company will maintain its poles, wires, cables, conduits, lines, <br />manholes, facilities, and equipment within the City in good order and operating condition <br />throughout the term of this agreement. <br />Section 8. Should the Company decide to own and install its own lines, cable, <br />or equipment (rather than merely leasing excess capacity), and should the Company install any <br />overhead lines, it shall have the authority to trim trees upon or overhanging the streets, alleys, <br />walkways, or rights -of -way of the City to prevent the branches of such trees from interfering <br />with its lines or other facilities. In case of any trimmings of trees that must be removed from <br />private property, the Company shall be responsible to secure the necessary permission of the <br />property owner. All such trimmings shall be performed in a safe and orderly manner and in <br />compliance with the pruning standards of the National Arborists Association as currently in <br />effect. <br />Section 9. In lieu of payment by Company to the City of an annual franchise fee <br />for the rights herein granted, the parties agree as follows: <br />A. Installation. Company, at its sole expense, will make available for the <br />exclusive use of the City four (4) dark single mode fiber strands (hereinafter "City Fibers ") to <br />be sheathed with new or existing fiber strands. Said City Fibers shall run between City Hall and <br />