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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 in (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 telecommumcatIons 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 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 using 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 joined 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 PIpeline, and shall not permit or suffer any mechamc'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 mdemnify and hold harmless the
<br />Licensor agamst 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 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 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 interest 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 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 m any manner
<br />move or dIsturb any of the other property of the Licensor in connection with the constructIon,
<br />maintenance, 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, 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 arises from the takmg 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 8
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