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PL X 9�0112 � /�r ��
<br /> Fam Apptnved AVP-I,�w V
<br /> Section S. RIINFC)RCDv�f.NT. Fr. .ATION OR FMOVA: OF P .►�'
<br /> a) The license henein gr�ted is subjec.-t to the t�eeds �d requirements of the Licensor in the operation of its rmlrocd
<br /> �d in the imp:'avemer�t �d use of ib property, �d the Licensee shalt, at the sole ez�ense of the Licensee, reinforce the
<br /> Pipeline, or move cll or �y portion oi the Pipeline to auch new location as the Licensor may designate, whenev�er, in the
<br /> further�ce of ita needs m�d requirementa, the Licensor shall 5nd au�ch action necesamy or desirable.
<br /> b) All the terms, conditions �d stipulations herein ezpressed with reference to the Pipeline on property of the
<br /> Licensor in the looation hereir�befoa+e described ehall. so f� as the Pipeline remmns on the proPertY, aPP1Y to the Pipeline
<br /> as modified, crxulged or relocated within the contemplation of this section.
<br /> Section 6. NO IN'PERFF'RF.tJCE WI'['H L-►CENSOR'S OPFAQTION.
<br /> The Pipeline �d all p�ts thereof within �d outside of the limits of the property of the licenaor ahall be
<br /> constructed �d, crt all times, mmntmned, repcured, renewed �d operated in such mmzner Qs to cause no interference
<br /> whatsoeeer with the const�t continuous �d unintemipted use of the traclrs, property �cl facilities of the Licensor, m�d
<br /> r�othing shall be done or suffered to be done by the L,icensee at mi}► tim�e that would in �y m�t�er impmr the safety thereof.
<br /> Section 7. PROTEG'�10N OF FIBII� OPTIC CA� F�vST��,
<br /> a) Fiber optic cable systems may be buried on the Licensor'a properly. Protection of the fiber optic cable systems
<br /> is of extreme import�sce since �y brealc could diszupt service to user� resulting in business intemiption �d loas of
<br /> revenue �d Profits• licensee sha11 telephone the Licensor at 1-800-336-9193 (a 24-hour nianber) to determine if fiber optic
<br /> cable is buried �ywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the
<br /> telecommunications comp�y(ies) inwlved, �ge for a ccble locator, malcs mr�gements for relxation or other
<br /> protection of the fiber optic cable, all at Licensee's ezpense, �d wIll commence n�o work on the right of way until all such
<br /> protection or relocation has been accomplished. Licensee shall indemnify �sd hold the Licensor h�rriless from �d
<br /> agmnst all costs, liabdlity m�d ezpense whatsoever (i�clud'usg, without limitatiorL attorneys' fees, court costs �d ezpenses)
<br /> �ising out of or cauaed in �y wa}► by Licensee's fmlure to comply with the provisiona of this p�agraph
<br /> b) In addition to other indemnity provisions in this Agreement the Licensee ahall indemnify �d hold the Licenaor
<br /> h�mless from �d agmnst all coat�, liability �d ezpense whatsoever (includir�g, without limitation, attorneys' fees, court
<br /> costs mzd ezpenses) caused by the negligence of the Licensee, its contractor, agents �rd/or employees, resulting in (1)
<br /> �y d�nage to or destruction of m�y telecommunications system on L.icensor's property, �►d/or (2) �y injiuy to or death
<br /> of any person employed by or on behalf of �y telecommunicctions compcmy, �d/or its contractor, agents �sd/or
<br /> employees, on licensor's properiy, ezcept if such costs, licbility or ezpenses �e caused solely by the direct active
<br /> r►egliger�ce of the Licensor. Licensee further agrees that it ahall not hav�e or seek recourae agmnst Licenaor for �y clmm
<br /> or cause of action for alleged loss of profits or rev�enue or loss of seivice or other consequential d�nage to a
<br /> telecommunication comp�y using Licensor's properiy or a customer or user of services of the fiber optic cable on
<br /> Licensor's property.
<br /> Section 8. CI nn„t� ANi� L��tS FL7A L-a�R 1�*D I��AZ�iAt • TAxF'S,
<br /> a) The licensee shQll fully pay for cll materiQls joir�ed or �fi�ed to �d labor performed upon property of the Licensor
<br /> in connection with the cons�uctior�, mmnter�ce, repmr, renewQi, modification or reconstruction of the Pipeline, �d shQll
<br /> not permit or suffer �y mech�ic� or materialm�'s lien of �}► ld�d or nature to be enforced agmnat the properiy for �y
<br /> work done or materials fumiahed thereon at the inst�►ce or request or on behalf of the Licenaee. The Licensee ahall
<br /> indemnify �d hold h�mless the Licensor agmnst �d from �y �d all liens, clmms, dem�ds, costs �d ezpenaea of
<br /> whatsoever r�at�e in �}► way conriected with or growing out of �uch worlc done, 1Qbor pedormed, or materials iumished.
<br /> b) The licensee shall promptly pa}► or disch�ge all tm�es, ch�ges �d assessments levied upon, in respect to, or
<br /> on accoiu�t of the Pipeline, b pre�v�eni the a�nne from becoming a ch�ge or lien upon property of the Licensor, �sd so that
<br /> the tm�es, ch�ges �d Qssessments levied upon or in respect to such properiy shall not be increcsed because of the
<br /> location, .cons�uction or mmnter�ce of the Pipeline or �}► improvement, appli�ce or fvcture connected therearith placed
<br /> upon such properiy, or on account of the licensee's interest therein. Where such tmc, ch�ge or Qsaessment may not be
<br /> sep�ately m�cle or assessed to the Licenaee but shall be included in the cssesement of the properiy of the licensor, then
<br /> the Licensee shall pay to the Licensor � equitcble proportion of su�ch t�e� determined by the value of the Licenaee's
<br /> property upon property of the Licensor as comp�ed with the entire value of such property.
<br /> plxe� Pa�e 2 of4
<br /> E�ibit B
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