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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 agamst all costs, hability and expense whatsoever (mcluding,
<br />wIthout hmItatIOn, attorneys' fees, court costs and expenses) caused by the negligence of the Licensee, ItS
<br />contractor, agents and/or employees, resulting in (1) any damage to or destructIon of any
<br />telecommumcatIOns system on LIcensor's property, and/or (2) any mJury 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, habilIty 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 />agamst LIcensor for any claIm or cause of actIon for alleged loss of profits or revenue or loss of servIce or
<br />other consequentIal damage to a telecommunication 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 m connectIOn with the construction, mamtenance, repair, renewal, modificatIOn
<br />or reconstructIon of the PIpelme, and shall not permIt or suffer any mechamc's or materialman's lien of
<br />any kInd or nature to be enforced agamst the property for any work done or matenals furnIshed thereon at
<br />the mstance or request or on behalf of the LIcensee. The LIcensee shall indemnify and hold harmless the
<br />Licensor agamst and from any and all hens, claIms, demands, costs and expenses of whatsoever nature in
<br />any way connected WIth or growmg out of such work done, labor performed, or matenals 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 PIpelme, to prevent the same from becommg 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 PIpehne or any
<br />Improvement, apphance or fixture connected therewith placed upon such property, or on account of the
<br />LIcensee's mterest therem. Where such tax, charge or assessment may not be separately made or assessed
<br />to the LIcensee but shall be Included m the assessment of the property of the Licensor, then the LIcensee
<br />shall pay to the LIcensor an eqUItable proportion of such taxes determined 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 authonzes the LIcensee to take down any fence of the LIcensor or m any manner
<br />move or disturb any of the other property of the Licensor m connection with the construction,
<br />mamtenance, repaIr, renewal, modIficatIon, reconstructIon, relocatIon or removal of the PIpelme, 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 m before such fence was taken down or such other
<br />property was moved or dIsturbed, and the Licensee shall mdemnIfy and hold harmless the Licensor, ItS
<br />officers, agents and employees, agamst and from any and all liability, loss, damages, claims, demands,
<br />costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from
<br />inJUry 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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