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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 m thIS Agreement, the LIcensee shall mdemnIfy and
<br />hold the LIcensor harmless from and agamst all costs, liabihty and expense whatsoever (including,
<br />WIthout hmItatIOn, attorneys' fees, court costs and expenses) caused by the neghgence 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, habihty or expenses are caused solely by the
<br />dIrect actIve 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 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 materials 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 kmd 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 against and from any and all liens, claIms, demands, costs and expenses of whatsoever nature m
<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 III respect to such
<br />property shall not be mcreased because of the locatIon, constructIon or mamtenance of the PIpelme 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 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 Pipehne, 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 III 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 all liability, loss, damages, claIms, demands,
<br />costs and expenses of whatsoever nature, mcludmg 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 anses from the takmg down of any
<br />fence or the mOVIng 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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