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<br />ARTICLE 15. LIABILITY, WARRANTIES AND INDEMNITY
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<br />15 01 The LIcensor reserves to itself the nght to mamtain and operate the LIcensor's Poles m a
<br />manner that best enables the LIcensor to fulfill Its own servIce reqUIrements. The LIcensor wIll
<br />endeavor to exerCIse reasonable precautIOn to aVOid damagmg the LIcensee's Facilities, and to
<br />make a report to the LIcensee of the occurrence of any such damage caused by the LIcensor or Its
<br />officers, employees, agents or contractors. The Licensor will reimburse the LIcensee for
<br />reasonable costs mcurred by the LIcensee for the phYSIcal repaIr of the LIcensee's FacilIties
<br />damaged by the neglIgence of the LIcensor, unless the damage anses m connection WIth a failure
<br />by the LIcensee to comply WIth any prOVlSlon of thIS Agreement. The LIcensor wIll not be lIable
<br />to the LIcensee or to any thIrd party for any mterruptIOn of the LIcensee's servIces or for
<br />mterference WIth the operatIOn of the LIcensee's FaCIlIties. The LIcensor wIll not be lIable to the
<br />LIcensee or any thIrd party for any speCial, mdIrect, pumtIve, or consequential damages, or any
<br />fines and penaltIes associated WIth damage to the LIcensee's FaCIlIties caused by the LIcensor or
<br />ItS officers, employees, agents or contractors.
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<br />15 02 The LIcensee wIll take all necessary precautIOns to protect all persons and property agamst
<br />personal mJury or property damage that may result from the mstallatIOn, mamtenance or
<br />operatIOn of the LIcensee's FaCIlIties. If, m the Licensor's opmlOn, the LIcensee has not taken
<br />any such necessary precautIOns, the LIcensor may notify the LIcensee, and the LIcensee wIll
<br />correct the SItuatIOn wIthm a reasonable time The Licensee agrees, however, that It IS solely
<br />responsible for the mstallatIOn, mamtenance and operatIOn of the LIcensee's FacIlIties, and the
<br />LIcensor does not assume any such responsibIlIty because of the LIcensor's actIOns or mactIOns.
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<br />15 03 The LIcensee wIll ensure that ItS employees, servants, agents, contractors and
<br />subcontractors have the necessary qualIficatIOns, SkIll, knowledge, trammg, and expenence to
<br />protect themselves, theIr fellow employees, employees of the LIcensor, and the general publIc,
<br />from harm or mJury whIle performmg work under thIS Agreement. In addItion, the LIcensee wIll
<br />furnIsh ItS employees, servants, agents, contractors and subcontractors competent supervISIOn and
<br />suffiCIent and adequate tools and eqUIpment for theIr work to be performed m a safe manner
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<br />15 04 CenturyTel understands, acknowledges and agrees that m the performance of work under
<br />thIS Agreement, CenturyTel and ItS agents, servants, employees, contractors and subcontractors
<br />will work near electncally energIzed Imes, transformers, or other eqUIpment of the CIty, and It IS
<br />the mtentIOn of the partIes that the CIty'S electnc servIce Will not be mterrupted durmg the
<br />contmuance of thIS Agreement, except m CIrcumstances that may endanger lIfe or may cause
<br />senous personal InJUry or substantial property damage. CenturyTel agrees that when It IS
<br />necessary to de-energIze any part of the CIty'S electnc utIlIty faCIlIties, CenturyTel WIll ensure
<br />that ItS work IS suspended untIl the CIty faCIlIties have been de-energIzed and that no work IS
<br />conducted unless and untIl the CIty facIlIties arc safe for CenturyTel's work. In the event the
<br />CIty de-energIzes any eqUIpment or Ime at CenturyTel's request, CenturyTel wIll reImburse the
<br />CIty m full for all related costs and expenses mcurred by the CIty (but not lost revenues) In the
<br />event that CenturyTel causes or may cause an interruption of a CIty utIlIty service m connectIOn
<br />WIth any work by CenturyTel, CenturyTel WIll Immediately do all thmgs reasonable to aVOid
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