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• " • <br />• (i) Claims asserted by any person or entity, including, but not limited to, <br />employees of Licensee or its contractors, subcontractors, or their employees; <br />(ii) Claims arising from, or alleged to be arising in any way from, the existence <br />at or near the Premises of 11) electric power generation, transmission, distribution, or <br />related facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering, <br />storage, transmission, distribution, or related facilities; or <br />,liii? Claims arising from, or alleged to be arising in any way from, the acts or <br />omissions of Licensee, its sublessees, invitees, agents, or employees. <br />Idl By agreeing to indemnification hereunder, Licensee does not waive any provisions <br />of the Colorado Governmental Immunity Act. <br />(10) A copy of this license shall be on the Premises and available during construction of the <br />licensed facility. <br />(11) This license is not transferable or assignable without the express written permission of <br />Licensor. <br />(12) Upon abandonment of the use of the Premises by Licensee or removal of the licensed <br />facilities, this license shall terminate. <br />I13) This license shall inure to the benefit of and be binding upon the successors and <br />permitted assigns of the parties hereto. <br />(14) This license may be executed in two original counterparts, each of which shall 6e <br />deemed an original of this instrument. <br />(15) Additional Provisions: Pipeline is to be encased with FlowFill at the crossing under the <br />direction of Xcel Energy (PSCo) personal. Please Contact Mr. Dave Shirk at 719-569-1253, 48 hours <br />in advance of any activity over the pipeline. <br />u <br />3of4 <br />