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<br />PL X 980112
<br />Form Approved. A VP-Law
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<br />(b) In addItion to other indemnity proVISIOns in this Agreement, the Licensee shall indemnify and
<br />hold the Licensor harmless from and against all costs, liability and expense whatsoever (including,
<br />without lImitation, attorneys' fees, court costs and expenses) caused by the negligence of the LIcensee, its
<br />contractor, agents and/or employees, resulting m (1) any damage to or destruction of any
<br />telecommumcatIons system on LIcensor's property, and/or (2) any Injury to or death of any person
<br />employed by or on behalf of any telecommunicatIons company, and/or ItS contractor, agents and/or
<br />employees, on LIcensor's property, except If such costs, lIabilIty or expenses are caused solely by the
<br />direct actIve neglIgence of the LIcensor. LIcensee further agrees that It shall not have or seek recourse
<br />agaInst LIcensor for any claIm or cause of action for alleged loss of profits or revenue or loss of semce or
<br />other consequentIal damage to a telecommumcation company usmg LIcensor's property or a customer or
<br />user of servIces of the fiber optic cable on Licensor's property.
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<br />Section 8.
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<br />CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES.
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<br />(a) The LIcensee shall fully pay for all matenals jomed or affixed to and labor performed upon
<br />property of the Licensor in connectIon WIth the constructIon, maIntenance, repair, renewal, modificatIon
<br />or reconstruction of the PIpelme, and shall not permit or suffer any mechanic's or materialman's lien of
<br />any kmd or nature to be enforced against the property for any work done or materials furnished thereon at
<br />the mstance or request or on behalf of the LIcensee. The Licensee shall indemnIfy and hold harmless the
<br />LIcensor against and from any and all lIens, claIms, demands, costs and expenses of whatsoever nature in
<br />any way connected WIth or grOWIng out of 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 to such
<br />property shall not be mcreased because of the location, constructIOn or maintenance of the PipelIne or any
<br />improvement, appliance or fixture connected therewith placed upon such property, or on account of the
<br />Licensee's interest therem. Where such tax, charge or assessment may not be separately made or assessed
<br />to the Licensee but shall be mcluded in the assessment of the property of the LIcensor, then the LIcensee
<br />shall pay to the LIcensor an eqUItable proportIOn of such taxes determmed by the value of the LIcensee's
<br />property upon property of the LIcensor as compared with the entire value of such property.
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<br />Section 9.
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<br />RESTORATION OF LICENSOR'S PROPERTY.
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<br />In the event the LIcensor authOrIzes the Licensee to take down any fence of the Licensor or in any manner
<br />move or dIsturb any of the other property of the Licensor in connection with the constructIon,
<br />mamtenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in
<br />that event the LIcensee shall, as soon as possible and at Licensee's sole expense, restore such fence and
<br />other property to the same condItIon as the same were in before such fence was taken down or such other
<br />property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, ItS
<br />officers, agents and employees, against and from any and all lIability, loss, damages, claims, demands,
<br />costs and expenses of whatsoever nature, includmg court costs and attorneys' fees, which may result from
<br />mjury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever,
<br />when such mJury, death, damage, loss or destructIon grows out of or arises from the taking down of any
<br />fence or the movmg or dIsturbance of any other property of the Licensor.
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<br />plx,exb
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<br />Exhibit B
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