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<br />• (4) Licensee shall not do or permit to be done any blasting above, underneath, or near
<br />facilities on the Premises without first having received prior written permission from Licensor. Any
<br />blasting shall be done in the presence of a representative of Licensor and in accordance with
<br />directions such representative may give for the protection or safety of facilities in the area.
<br />(5) Any damage to the Premises, or to Licensor's facilities located on the Premises, as a
<br />result of the construction, operation, maintenance, repair, inspection, removal, replacement, or
<br />relocation of the licensed facility shall be paid for or repaired at the expense of Licensee.
<br />(61 Licensee agrees and understands that it Licensor has constructed natural gas gathering,
<br />storage, transmission, distribution, or related facilities on the Premises, Licensee has been fully
<br />advised by Licensor that such natural gas facilities may now transport and may continue to transport
<br />natural gas at significant pressures. Licensee shall advise all of its employees, agents, contractors,
<br />and other persons who enter upon the Premises, pursuant to the provisions of this license, of the
<br />existence and nature of such 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
<br />the Premises, may be subject to cathodic protection by rectifier and related anode beds, and that
<br />Licensor shall not be liable for stray current or interfering signals induced in the licensed facility as a
<br />result of the operating of Licensor's cathodic protection system.
<br />(8) Licensee agrees and understands that if Licensor has constructed electric transmission,
<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
<br />voltages, and that the conductors on electric lines may not be insulated. Licensee shall advise all of
<br />its employees, agents, contractors, and other persons who enter upon the Premises, pursuant to the
<br />provisions of this license, of the existence and nature of such electric facilities and the potential
<br />danger and risk involved.
<br />19) la) (i) As used in this license, the term "Claims" means (1) losses, liabilities, and
<br />expenses of any sort, including attorneys' fees; (21 fines and penalties; (3)
<br />environmental costs, including, but not limited to, investigation, removal, remedial,
<br />and restoration costs, and consultant and other fees and expenses; and (4) any and all
<br />other costs or expenses.
<br />(ii) As used in this license, the term "Injury" means 11) death, personal injury,
<br />or property damage; (2) loss of profits or other economic injury; (3) disease or actual
<br />or threatened health effect; and (4) any consequential or other damages.
<br />(b) To the extent permitted by law, Licensee covenants and agrees to at all times
<br />protect, indemnity, hold harmless, and defend Licensor, its directors, officers, agents,
<br />employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and
<br />all Claims arising from, alleged to arise from, or related to any Injury allegedly or actually
<br />occurring, imposed as a result of, arising from, or related to (1) this license; f2) the
<br />construction, existence, maintenance, operation, repair, inspection, removal, replacement, or
<br />relocation of the electric transmission or distribution; natural gas gathering, storage,
<br />transmission, or distribution; or any other utility facilities located on the Premises; or (3)
<br />Licensee's or any other person's presence at the Premises as a result of or related to this
<br />license.
<br />Ic) Licensee's duty to protect, indemnify, hold harmless, and defend hereunder shall
<br />• apply to any and all Claims and Injury, including, but not limited to:
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