Laserfiche WebLink
2. This License Agreement does not convey an interest in real property. The parties <br />do not by this License Agreement intend to create a lease, easement or other real property interest. <br />Nothing contained in this License Agreement shall be deemed or construed to create a partnership <br />or joint venture of or between PSCo and Licensee, or to create any other relationship between the <br />parties other than that of licensor and licensee. <br />3. PSCo intends to use the Property for all purposes in connection with electric power <br />generation, transmission, or distribution and/or natural gas gathering, storage, transmission, or <br />distribution, and the rights herein granted to Licensee are subject to the rights of PSCo to use the <br />Property for such purposes, which rights PSCo hereby expressly reserves. <br />4. Licensee shall not interfere with PSCo's activities or facilities on the Property, and <br />the Licensee shall construct, maintain and operate the Licensed Facility and conduct its activities <br />in a safe and prudent manner considering overhead transmission lines located above and any other <br />PSCo facilities located on or below the surface of the Property <br />5. If PSCo determines, in its sole and absolute discretion, that the Licensed Facility <br />may interfere with the operation and maintenance of PSCo's facilities, as now or hereafter <br />constructed, PSCo may terminate this License, in whole or in part, by giving 90 days' notice to <br />Licensee. Following such notice, at its sole expense, Licensee will remove the Licensed Facility <br />from the Property or any part thereof identified by PSCo within such 90 day period. In the event <br />that the Licensee's use of the Property should, in the reasonable judgment of PSCo, constitute a <br />hazard to PSCo's facilities or the general public, PSCo may require immediate removal, relocation, <br />or modification of the Licensee's facilities to eliminate such interference or hazard, and may <br />suspend the Licensee's right to use the Property under this License Agreement until such removal, <br />relocation, or modification is completed. PSCo may, but is not obligated to, permit the relocation <br />of the Licensed Facility to a different location on the Property in its sole and absolute discretion. <br />6. The license granted by this License Agreement is issued subject to any prior <br />licenses, easements, leases or other rights affecting the Property, PSCo reserves the right to grant <br />leases or easements and to license others to install improvements in, on, under, or along the <br />Property provided that same shall not interfere unreasonably with the Licensed Facility. The <br />license herein granted may also be subject and subordinate to the lien of PSCo's Indenture. <br />7. Licensee shall not do or permit to be done any blasting above, under, or on the <br />Property without first having received prior written permission from PSCo, which may be <br />withheld in PSCo's sole and absolute discretion. Any blasting shall be done in the presence of a <br />representative of PSCo and in accordance with directions such representative may give for the <br />protection or safety of persons and facilities located on the Property. Notwithstanding the <br />foregoing, PSCo will have no duty to monitor any blasting activities conducted by Licensee. Any <br />monitoring by PSCo of blasting conducted by Licensee is for the sole benefit of PSCo and shall not <br />create any duty, obligation or liability to Licensee or any other person. <br />2of11 <br />APPROVE] FORM 2015 <br />US.55558 I37.Q 1 <br />