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(4) Licensee shall not do or permit to be done any blasting above, underneath, or near facilities on <br />the Premises without first having received prior written permission from Licensor. Any blasting shall be done <br />in the presence of a representative of Licensor and in accordance with directions such representative may <br />give for the protection or safety of facilities in the area. <br />(5) Any damage to the Premises, or to Licensors facilities located on the Premises, as a result of <br />the construction, operation, maintenance, repair, inspection, removal, replacement, or relocation of the <br />licensed facility shall be paid for or repaired at the expense of licensee. <br />(6) Licensee agrees and understands that if Licensor has constructed natural gas gathering, <br />storage, transmission, distribution, or related faGlitles on the Premises, Licensee has been fully advised by <br />Licensor that such natural gas facilities may now transport and may continue to transport natural gas at <br />signfcant pressures. Licensee shall advise all of Its empbyees, agents, contractors, and other persons who <br />enter upon the Premises, pursuant to the provisions of this license, of the existence and nature of such <br />natural gas facilities and the danger and risk involved. <br />(7) Licensee agrees and understands that the natural gas facilities of Licensor, if located on the <br />Premises, maybe subject to cathodic protection by rectifier and related anode beds, and that Licensor shall <br />not be liable for stray curcenl or intertering signals induced in the licensed facility as a result of the operating <br />of Licensor's cathodic protection system. <br />(5) Licensee agrees and understands that If Licensor has constructed electric transmisslon, <br />distribution, or related facilities on the Premises, Licensee has been fully advised by Licensor that such <br />electric facilities may now transmit and may continue to transmit electric current at significant votiages, and <br />that the conductors on electric lines may not be insulated. Licensee shall advise all of its employees, agents, <br />contractors, and other persons who enter upon the Premises, pursuant to the provisions of this license, of the <br />existence and nature of such electric facilities and the potential danger and risk involved. <br />(g) (a) (i) As used in this license, the term 'Claims' means (1) losses, liabilities, and <br />expenses of any sort, including attorneys' Fees; (2) fines and penalties; (3) environmental <br />costs, including, but not limited to, investigation, removal, remedial, and restoration costs, <br />and consuNant and other fees and expenses; and (4) any and all other costs or expenses. <br />(ii) As used in this Ilcense, the term "Injury' means (1) death, personal Injury, or <br />property damage; (2) bss of profits or other economic injury; (3) disease or actual or <br />threatened health effect; and (4) any consequential or other damages. <br />(b) To the extent permitted by law, Licensee covenants and agrees io at all times protect, <br />indemnify, hold harmless, and defend Licensor, its directors, officers, agents, employees, <br />successors, assigns, parents, subsidiaries, and affiliates from and against any and all Claims arising <br />from, alleged to arise from, or related to any Injury allegedly or actually occurring, imposed as a <br />result of, arising from, or related to (1) this license; (2) the wnstruction, existence, maintenance, <br />operation, repair, inspection, removal, replacement, or relocation of the electric transmission or <br />distribution; natural gas gathering, storage, transmission, or distribution; or any other utility facilities <br />located on the Premises; or (3) Licensee's or any other person's presence at the Premises as a <br />result of or related to this license. <br />(c) Licensee's duty to protect, indemnify, hold harmless, and defend hereunder shall apply <br />to any and all Claims and Injury, including, but not limited lo: <br />(i) Claims asserted by any person or entity, including, but not limited to, employees <br />of Licensee or its contractors, subcontractors, or their employees; <br />2of4 <br />