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<br />Drainage Exhibit B 920301Form Approved A VP - Law
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<br />24-hour number) to determine if fiber optic cable IS buried anywhere on the Licensor's premIses to be
<br />used by the Licensee. If it IS, LIcensee wIll telephone the telecommunications company(ies) involved,
<br />arrange for a cable locator, make arrangements for relocatIon or other protection of the fiber optIc cable,
<br />and will commence no work on the nght of way untIl all such protection or relocation has been
<br />accomphshed.
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<br />b) In additIOn to other mdemmty provisions in thIS Agreement, the Licensee shall mdenuufy 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) arising out of any act or omission of the
<br />Licensee, its contractor, agents and/or employees, that causes or contributes to (1) any damage to or
<br />destructIon of any telecommunicatIOns system on LIcensor's property, and (2) any mJury to or death of
<br />any person employed by or on behalf of any telecommunicatIOns company, and/or Its contractor, agents
<br />and/or employees, on Licensor's property. LIcensee shall not have or seek recourse against Licensor for
<br />any claIm or cause of actIon for alleged loss of profits or revenue or loss of service or other consequential
<br />damage to a telecommUnICatIOn company using Licensor's property or a customer or user of servIces of
<br />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 m connection with the constructIon, maintenance, repair, renewal, modification
<br />or reconstructIon of the Drainage FaCIlity, and shall not permIt or suffer any mechanic's or materialman's
<br />lien of any kind or nature to be enforced agamst the property for any work done or materials furnIshed
<br />thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold
<br />harmless the Licensor agamst and from any and all liens, claims, demands, costs and expenses of
<br />whatsoever nature in any way connected with or growing out of such work done, labor performed, or
<br />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 Dramage Facihty, to prevent the same from becoming a charge or lien
<br />upon property of the LIcensor, and so that the taxes, charges and assessments leVIed upon or in respect to
<br />such property shall not be increased because of the locatIon, constructIon or maintenance of the Drainage
<br />Facility or any improvement, apphance or fixture connected therewith placed upon such property, or on
<br />account of the LIcensee's interest therein. Where such tax, charge or assessment may not be separately
<br />made or assessed to the LIcensee but shall be included in the assessment of the property of the Licensor,
<br />then the LIcensee shall pay to the LIcensor an eqUItable proportIOn of such taxes determmed by the value
<br />of the Licensee's property upon property of the LIcensor as compared With the entire value of such
<br />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
<br />manner 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 Drainage Facihty,
<br />then m that event the LIcensee shall, as soon as possible and at Licensee's sole expense, restore such fence
<br />and other property to the same condItion as the same were in before such fence was taken down or such
<br />other property was moved or disturbed, and the Licensee shall indemnIfy and hold harmless the LIcensor,
<br />ItS officers, agents and employees, agamst and from any and allliabIhty, 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,
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<br />Drainage.Exb
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<br />Exhibit 8
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