|
<br />I
<br />
<br />I
<br />
<br />I
<br />
<br />PL X 980112
<br />Form Approved, A VP-Law
<br />
<br />(b) In addItIon to other mdemmty provisions m thIS Agreement, the Licensee shall indemnify and
<br />hold the Licensor harmless from and agamst all costs, hability and expense whatsoever (mcludmg,
<br />WIthout limitatIon, attorneys' fees, court costs and expenses) caused by the negligence of the Licensee, ItS
<br />contractor, agents and/or employees, resultmg 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 achve neghgence 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 telecommumcation company usmg Licensor's property or a customer or
<br />user of servIces of the fiber optIc cable on LIcensor's property.
<br />
<br />Section 8.
<br />
<br />CLAIMS AND LIENS FOR LABOR AND MA TERIAL; TAXES.
<br />
<br />(a) The LIcensee shall fully pay for all matenals Joined or affixed to and labor performed upon
<br />property of the Licensor m connection with the construction, maintenance, repair, renewal, modIfication
<br />or reconstructIOn of the Pipeline, and shall not permit or suffer any mechanic's or matenalman's hen of
<br />any kmd or nature to be enforced against the property for any work done or materials furnished thereon at
<br />the instance or request or on behalf of the LIcensee. The LIcensee shallmdemnify and hold harmless the
<br />LIcensor agamst and from any and all liens, claims, demands, costs and expenses of whatsoever nature in
<br />any way connected WIth or growmg out of such work done, labor performed, or materials furnished.
<br />
<br />(b) The LIcensee shall promptly payor discharge all taxes, charges and assessments levied upon, in
<br />respect to, or on account of the Pipehne, 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 increased because of the locatIon, constructIon or maintenance of the Pipeline 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 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 determined by the value of the Licensee's
<br />property upon property of the Licensor as compared with the entire value of such property.
<br />
<br />Section 9.
<br />
<br />RESTORATION OF LICENSOR'S PROPERTY.
<br />
<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 m
<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, agamst and from any and allliabihty, loss, damages, claIms, demands,
<br />costs and expenses of whatsoever nature, including 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.
<br />
<br />plx.exb
<br />
<br />Exhibit B
<br />
|