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and maintain the Licensee's Facilities on public and private property before the Licensee makes any Attachments to the Poles. The City may require the Licensee to submit evidence that appropriate authorizations have been obtained before issuing a Permit to the Licensee. The Licensee's obligations include, but are not limited to, the obtaining of approvals to occupy public or private rights-of-way and to pay all associated fees. The Licensee will hold harmless, defend and indemnify the City from and against all costs and expenses, including the reasonable fees of attorneys and expert witnesses selected by the City, that the City may incur as a result of any claims that the Licensee does not have sufficient rights or authority to install or maintain the Licensee's Facilities at any location. Section 5.02. The Licensee will ensure that the Licensee's Facilities comply with all applicable local, state and federal laws. Section 5.03. The license granted under this Agreement will not extend to any Pole where the attachment of the Licensee's Facilities would result in a forfeiture of any right or interest of the City. If an Attachment would cause such a forfeiture, the Licensee will remove the Attachment within the time specified in a written notice from the City. The City may remove the Attachment at the Licensee's expense if the Licensee does not remove the Attachment within the time specified in the notice. Section 5.04. Consent by the City to the installation or maintenance of any Attachment of the Licensee will not be deemed to be an acknowledgment by the City that the Licensee has the necessary authority to construct or maintain the Attachment. ARTICLE 6. PERMIT APPLICATION PROCEDURES Section 6.01. The Licensee will not install any Attachments on any Pole without first applying for and obtaining a Permit from the City's Electric Utility Department. The Licensee will not occupy or attach the Licensee's Facilities to any City Facilities other than the Poles unless the Licensee executes a separate agreement with the City. Section 6.02. Consistent with applicable law, the overlashing of an existing Attachment of the Licensee by any person other than the Licensee is considered a separate Attachment requiring a separate agreement with the City and a separate Permit. Without such a Permit, third party overlashing constitutes an unauthorized Attachment. The Licensee will not permit any third party overlashing of the Licensee's Facilities without obtaining written verification from the City that the overlashing has been authorized by the City. Section 6.03. Consistent with applicable law, the overlashing by the Licensee of its own facilities is not considered a separate Attachment and is not subject to a separate Permit, but the Licensee will provide the City with prior ,vritten notification of <ll1Y overlashing the Licensee intends to perform. The Licensee will have a registered professional engineer certify that the overlashing can be accomplished in compliance with the Technical Specifications and the Applicable Standards. 7 C:\TEMP\Grande pole att final. doc