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to arise out of the installation, construction, operation, or maintenance of its System, <br />including but not limited to any claim against the Franchisee for invasion of the right of <br />privacy, defamation of any Person, or the violation or infringement of any copyright, trade <br />mark, trade name, service mark, or patent, or of any other similar right of any Person. This <br />indemnity does not apply to programming carried on any channel set aside for public, <br />educational, or government use, or channels leased pursuant to 47 U.S.C. 532, unless the <br />Franchisee was in any respect engaged in determining the editorial content of the program, <br />or prescreened the programming for the purported purpose of banning or regulating <br />indecent or obscene programming. <br /> <br /> (3) The indemnity provision includes, but is not limited to, the City's <br />reasonable attorneys' fees incurred in defending against any such claim, suit, or <br />proceeding prior to Franchisee assuming such defense. The City shall notify Franchisee of <br />claims and suits within ninety (90) days of its actual knowledge of the existence of such <br />claim, suit, or proceeding. Failure to give notice shall relieve the Franchisee of its <br />obligations hereunder. Once Franchisee assumes the defense of any such action, the City <br />may at its option continue to participate in the defense at its own expense. <br /> <br /> (4) Notwithstanding anything to the contrary contained in this Agreement, <br />the City shall not be so indemnified or reimbursed in relation to any amounts attributable to <br />the City's own negligence, willful misconduct, intentional or criminal acts, including in the <br />performance of its obligations under the Cable Ordinance or this Franchise Agreement. <br /> <br />9. Miscellaneous Provisions. <br /> <br /> (a) Governing Law: <br /> This Franchise Agreement was made in and shall be governed in all respects <br />by the law of the State of Missouri. <br /> <br /> (b) Notices: <br /> Unless otherwise expressly stated herein, notices required under this <br />Franchise Agreement shall be mailed first class, postageprepaid, to the addressees below. <br />Each party may change its designee by providing written notice to the other party. <br /> <br />(1) Notices to the Franchisee shall be mailed to: <br /> <br />Charter Communications <br />Attn: General Manager <br />2411 Verona Avenue <br />Overland, Missouri 63114 <br /> <br />15 <br /> <br /> <br />