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3. When the director of public works determines that an emergency situation does exist,
<br />he may order and have done any and all work considered necessary to restore to a safe
<br />condition any such street, avenue, alley, road, highway, right-of-way or other county
<br />property left by the grantee or agents in a condition dangerous to life or property. He
<br />may cause to be replaced or reset recorded monuments if a grantee fails to replace or
<br />reset same within a reasonable time after completion of construction. The grantee, upon
<br />demand, shall pay to the county all costs of such construction or repair and of doing
<br />such work. (Ord. 82-7 § 9, 1982).
<br />4.
<br />12.56.090 County held harmless.
<br />The grantee, its/his successors or assigns, shall protect, indemnify and save harmless the county, its
<br />agents and employees, from all claims, actions or damages of every kind and description which may
<br />accrue to or be suffered by any person or persons, corporation or property by reason of any
<br />construction, the presence of any material or equipment, the operation of or the occupation of the
<br />rights -of -way or other county properties by the grantee or for any claims on account of the existence
<br />of any excavation, temporary turnouts or the operation by the grantee of its/his lines over or under
<br />the streets, avenues, alleys, roads, highways, rights -of -way or other county properties as hereinafter
<br />designated, or for any other acts or omissions on the part of grantee, and in case that suit or action
<br />is brought against the county, its agents or employees, for damage arising out of or by reason of any
<br />of the above -mentioned causes, the grantee, its/his successors or assigns, will, upon notice to it or
<br />him of the commencement of said action, defend the same at its or his sole cost and expense and in
<br />case judgment shall be rendered against Kittitas County, its agents or employees, in such suit or
<br />action, will fully satisfy the judgment within ninety days after the suit or action has been finally
<br />determined, if determined adversely to the county, its agents or employees. Acceptance by the
<br />county of any work performed by the grantee at the time of completion shall not be a ground for
<br />avoidance of this hold harmless agreement. (Ord. 82-7 § 10, 1982).
<br />12.56.100 Damage to grantee's installation.
<br />In consideration of the granting of such franchise by the grantor to the grantee, the grantee, for
<br />itself/himself and its/his assigns, shall contract and agree to save the county harmless from any
<br />liability of whatsoever nature arising out of any damage and/or destruction done or suffered to be
<br />done to grantee's mains, valves, pipes, poles, cables, lines or other fittings or appurtenances of
<br />whatsoever nature placed upon, along, across, over and/or under the county road right-of-way or
<br />other county property. This paragraph shall be construed to mean that the grantee accepts such
<br />franchise and any rights conferred thereunder for the use and occupation of any portion of the right-
<br />of-way at its/his own risk, and agrees to assume responsibility or any damage occasioned to grantee
<br />or third parties by grantor in the maintenance and/or construction work performed by grantor upon
<br />the roadways described herein and which would not have occurred but for the presence on the
<br />roadways of the grantee's pipes, poles, lines, cables, fittings or other appurtenances mentioned
<br />above, except to the extent any such damage or loss is caused by the sole negligence of the grantor.
<br />(Ord. 82-7 § 11, 1982).
<br />12.56.110 Underground facilities.
<br />The grantee, as far as practicable, shall construct all new utility facilities underground. Extension of
<br />overhead facilities following streets, avenues, roadways, boulevards or thoroughfares shall be
<br />undertaken only with the approval of the director of public works; provided, however, that approval
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