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In the event of the abandonment by the City of the Police Department Terminal Alarm Panel service, any and all permits issued under authority of this Article shall automatically terminate, provided, however, that City may not abandon said service except upon 30 days' prior written notice of said abandonment to any and all permittees hereunder.
(Added by Ord. 223-63, App. 8/29/63)
The authorized agency shall indemnify, save harmless and defend the City and all of its officers, agents and employees, against any and all liabilities for injuries to or death of any person, or any injury to any property arising out of those acts in connection with any permit issued pursuant to this Article on the part of authorized agency, its officers, agents or employees, or any contractor or subcontractor retained by, or on behalf of, said authorized agency, or officers, agents or employees of any of the same. The authorized agency shall further indemnify, save harmless and defend the City and all of its officers, agents and employees, against any and all liability arising by reason of any claims or demands of contractors or subcontractors retained by, or on behalf of, the authorized agency, or by reason of any liens or other claims which may be filed by, or on behalf of, any of the same, or by, or on behalf of, any other person, regarding any permit issued pursuant to this Article.
(Added by Ord. 223-63, App. 8/29/63)
The authorized agency shall, within 30 days after notification of the granting of a permit under this Article, file with City's Controller, and at all times thereafter maintain in full force and effect for the entire term of the permit, at its expense, a faithful performance bond executed by a surety company approved by said Controller and in form satisfactory to the City Attorney of the City and County of San Francisco, in the amount of $5,000, renewable annually and conditioned upon the faithful performance by the authorized agency of all of the terms, conditions and covenants contained in said permit, and that in the event the authorized agency shall fail to comply with any one or more of the provisions of said permit, then there shall be recoverable jointly and severally from the principal and surety of such bond, any damages or losses suffered by the City as a result thereof. Said bond, without limiting the applicability of the foregoing provisions, shall guarantee payment of the cost of any and all connections, and extensions and connections, referred to in Section 1304 and Section 1307 of this Article. Said bond shall provide that 30 days' prior written notice of cancellation, material change or intention not to renew said bond be given to the City at Room 109, City Hall. Neither the provisions of any bond accepted by the City pursuant hereto, nor any damages recovered by the City, shall be construed to excuse faithful performance by the authorized agency of the terms, conditions and covenants of any permit issued pursuant to this Article, or limit the liability of the authorized agency, or preclude exercise of any other right or remedy given to the City by law, whether exercised concurrently or subsequently.
(Added by Ord. 223-63, App. 8/29/63)
The services provided under any permit issued pursuant to this Article shall not extend to or benefit any person or corporation or other entity other than those expressly named in said permit and no other party shall have any right or interest in or privilege except as expressly provided in said permit.
(Added by Ord. 223-63, App. 8/29/63)
Any permit issued pursuant to this Article shall provide that:
(1) The authorized agency expressly waives any and all claims for compensation for any and all loss or damage sustained by reason of any failure, defect, deficiency or impairment of the Police Department Terminal Alarm Panel, or any part thereof, or of any other system connected thereto, including any and all installations of the authorized agency made pursuant to any permit issued hereunder or arising from any act or omission on the part of the City or its officers, agents or employees or arising from any other cause, not limited to the foregoing, in connection with the activities of the authorized agency under said permit;
(2) The authorized agency expressly releases and discharges the City and its officers, agents and employees from any and all demands, claims, actions and causes of action arising from any of the causes aforesaid.
(Added by Ord. 223-63, App. 8/29/63)
The granting of a permit hereunder shall not give any authorized agency the right or privilege to use, nor shall it be permitted to use, the conduits, poles or other facilities belonging to the City; neither shall it grant the use of conduit or pole facilities furnished the City by any person, firm or corporation by reason of franchise requirements, or otherwise, regardless of whether such facilities are at the time used or unused by the City.
(Added by Ord. 223-63, App. 8/29/63)
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