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<br />Section 7.
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<br />PROTECTION OF FffiER OPTIC CABLE SYSTEMS.
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<br />A. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic
<br />cable systems is of extreme importance since any break could disrupt service to users resulting in
<br />business interruption and loss of revenue and profits, Licensee shall telephone the Licensor
<br />during normal business hours (7:00 a.m. to 9:00 p,m, Central Time, Monday through Friday,
<br />except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to
<br />determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the
<br />Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved,
<br />arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic
<br />cable, all at Licensee's expense, and will commence no work on the Licensor's property until all
<br />such protection or relocation has been accomplished. Licensee shall indemnify and hold the
<br />Licensor harmless from and against all costs, liability and expense whatsoever (including, without
<br />limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by
<br />Licensee's failure to comply with the provisions of this paragraph.
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<br />B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN TillS AGREEMENT, THE
<br />LICENSEE SHALL INDEMNIFY, DEFEND AND HOLD THE LICENSOR HARMLESS
<br />FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER
<br />(INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND
<br />EXPENSES) CAUSED BY THE NEGLIGENCE OF THE LICENSEE, ITS
<br />CONTRACTOR, AGENTS AND/OR EMPLOYEES, RESULTING IN (1) ANY DAMAGE
<br />TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON
<br />LICENSOR'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY
<br />PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS
<br />COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON
<br />LICENSOR'S PROPERTY, EXCEPT IF SUCH COSTS, LIABILITY OR EXPENSES
<br />ARE CAUSED SOLELY BY THE DIRECT ACTIVE NEGLIGENCE OF THE
<br />LICENSOR. LICENSEE FURTHER AGREES THAT IT SHALL NOT HAVE OR SEEK
<br />RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR
<br />ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER
<br />CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING
<br />LICENSOR'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE
<br />FIBER OPTIC CABLE ON LICENSOR'S PROPERTY.
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<br />Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL: TAXES.
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<br />A. The Licensee shall fully pay for all materials joined or affixed to and labor performed upon
<br />property of the Licensor in connection with the construction, maintenance, repair, renewal,
<br />modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or
<br />materialman's lien of any kind or nature to be enforced against the property for any work done or
<br />materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee
<br />shall indemnify and hold harmless the Licensor against and from any and all liens, claims,
<br />demands, costs and expenses of whatsoever nature in any way connected with or growing out of
<br />such work done, labor performed, or materials furnished.
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<br />B. The Licensee shall promptly payor discharge all taxes, charges and assessments levied upon, in
<br />respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon
<br />property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect
<br />to such property shall not be increased because of the location, construction or maintenance of the
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