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gathering, storage, transmission, or distribution; or any other utility facilities pursuant to this agreement; or <br />(3) City's or any other person's presence at the right-of-way as a result of or related to this agreement. <br />City's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all Claims and <br />Injury, including, but not limited to: <br />Claims asserted by any person or entity, including, but not limited to, employees of City or its <br />contractors, subcontractors, or their employees; <br />Claims arising or alleged to be arising in any way out of the existence at or near the right-of-way due <br />to this agreement of (1) electric power generation, transmission, distribution, or related facilities; (2) <br />electricity or electromagnetic fields; (3) natural gas gathering, storage, transmission, distribution, or <br />related facilities; (4) asbestos or asbestos containing materials; (5) any Hazardous Materials, <br />regardless of origin; or <br />Claims arising from, or alleged to be arising in any way from, the acts or omissions of City, its <br />sublessees, invitees, agents, or employees. <br />This indemnification shall not apply to Claims or Injury to the extent arising from the negligent act or <br />omission of the Indemnified Parties. <br />By agreeing to indemnification hereunder, City does not waive any provisions of the Colorado Governmental <br />Immunity Act. <br />This agreement may be executed in two original counterparts, each of which shall be deemed an original of <br />this instrument. <br />This agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties <br />hereto as allowed herein. <br />3 of 4 <br />