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Unless directly and proximately caused by the gross negligence or malicious acts of the city, the city shall not be liable for any damage to or loss of any facility within rights-of-way as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the rights-of-way by or on behalf of the city. (Ord. 1188-21 § 2 (Exh. A), 2021).