RIGHT OF PROTECTION. Upon reasonable notice to the City, Sovernet shall have the right to enter upon the Winooski Bridge and adjacent or abutting rights of way from time to time for the purposes of the protection of its equipment and fiber optic cable. Such right shall include the Winooski Bridge cable and equipments, including but not limited to conducting inspections, surveys, preparing appraisals, conducting tests or engineering studies, and obtaining other information about the condition of the cable and equipment. Sovernet’s entry onto the right of way for the purposes set forth herein and its activities on the right of way as permitted herein shall occur at the sole risk of Sovernet. Sovernet shall indemnify, hold the City harmless and defend the City from and against any and all claims, liens, damages, losses and causes of action which may be asserted by Sovernet or Sovernet’s employees and agents or any third party as a result of any such entry, including reasonable attorney’s fees. Sovernet’s entry onto or testing of the right of way shall be conducted in a manner that minimizes any disturbance to the bridge and rights of way and to the use and enjoyment of the bridge and rights of way by the City or the public. Subsequent to completing said inspections, surveys and tests, Sovernet shall, at its sole expense, return the right of way as nearly as is practicable to the same and as good a state and condition as they were immediately prior to Sovernet’s entry unless otherwise required by a permit or permit condition issued by the City concerning said work.
RIGHT OF PROTECTION. Upon reasonable notice to the City, Champlain shall have the right to enter upon the Maple St. right of way from time to time for the purposes of the protection of the utility corridor, including but not limited to conducting inspections, surveys, preparing appraisals, conducting soils tests or engineering studies, and obtaining other information about the right of way. Champlain’s entry onto the right of way for the purposes set forth herein and its activities on the right of way as permitted herein shall occur at the sole risk of Champlain. Champlain shall indemnify, hold the City harmless and defend the City from and against any and all claims, liens, damages, losses and causes of action which may be asserted by Champlain or Champlain’s employees and agents or any third party as a result of any such entry. Champlain’s entry onto or testing of the right of way shall be conducted in a manner that minimizes any disturbance to the land and to the use and enjoyment of the right of way by the City or the public. Subsequent to completing said inspections, surveys and tests, Champlain shall, at its sole expense, return the right of way as nearly as is practicable to the same and as good a state and condition as they were immediately prior to Champlain’s entry unless otherwise required by a permit or permit condition issued by the City concerning said work.
