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2. Compliance with Laws. Licensee agrees to comply with all applicable federal, state and local
<br />laws and regulations in the construction and maintenance of the Project. Licensee agrees to construct
<br />and maintain the Project with due regard for the public safety and convenience, and to remove any
<br />hazards created by storms, accidents, or other causes without undue delay.
<br />3. Termination. Licensee agrees to restore the surface of the Premises, including any
<br />improvements of others thereon placed on the Premises in connection with the Project, within 90
<br />days after expiration or termination of this License. Licensee shall remove and dispose of all debris,
<br />trash, and litter resulting from Licensee's use of the Premises.
<br />4. Limitation of Liability. Neither party shall be liable to the other for special, incidental,
<br />consequential, punitive or indirect damages or for any loss of use, revenue, or profit suffered by the
<br />other party or its successors or assigns, customers or affiliates in connection with any breach of
<br />obligation under this License, nor as a result of a premises defect. Licensee agrees to indemnify,
<br />hold harmless, and defend Licensor, its officers, directors, and employees, from and against any
<br />claims or liability which may be incurred by reason or any act or omission of Licensee, its officers,
<br />agents, contractors, or employees in connection with the Project.
<br />5. Assignment. This License is personal to the Licensee. It is not assignable, and any attempt to
<br />assign this License will terminate the license privileges granted to Licensee hereunder. This License
<br />is non-exclusive. This License is subject to the rights reserved by Licensor to access, construct,
<br />operate, maintain, reconstruct, replace, rebuild upgrade, remove, inspect, patrol, repair, and make
<br />connections with communication lines and electric facilities and equipment within and without the
<br />Premises.
<br />6. Interference. Licensee shall be responsible for designing and shielding its facilities to function
<br />properly in the presence of electric and magnetic fields and other electrically-induced noise and
<br />interference normally present in the proximity of electric utility installations. Licensor shall not be
<br />liable for nor shall Licensor be required to eliminate any noise or interference resulting from the
<br />operations of electric utility installations or auxiliary equipment such as relay and control systems or
<br />telemetry systems.
<br />7. Security, Losses, and Utilities. Licensor shall not provide security for Licensee's equipment
<br />and shall not be liable for burglary, vandalism, losses or damage, from any cause. Licensee may take
<br />advantage of the substation fencing and existing protections, if any; however, any other security
<br />measures Licensee finds necessary shall be furnished and paid for by Licensee. Licensor shall not be
<br />liable for losses or damage to Licensee's equipment resulting from a failure of towers, electric
<br />substation equipment, communications houses, electric power or other substation facilities,
<br />regardless of the cause of the failure. Licensee will pay for all utilities necessary to serve Licensee's
<br />purposes on the Premises.
<br />8. Scheduled Repairs. Except in an emergency when necessary to protect public health and safety
<br />or to maintain or restore essential utility services, Licensee shall notify Licensor of all construction,
<br />repair, and maintenance work on the equipment before performing such work.
<br />License Agreement for Canyon Substation p.2
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