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04!27/1998 10:29 4522759• ~ TATTLE APPLEGA~INC PAGE 03
<br />such representative relating to the protection of Licensor's facilities will lte followed by Licensee,
<br />and will be considered conditions. of this authorization.
<br />(4) Licensee shall not do or permit to be done any bleating above, .underneath, or near
<br />facilities on the. Premises without first having received pdor 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 far the protection or safety of facilities in the area.
<br />l5)' 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 />(3) Licensee agrees grid understands that..lf Licensor has constructed natural gas gathering,
<br />etorege,. tranamisslon, 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 />end. 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 />17j • Licensee .agrees and understands that the natural gee febilitiea of Licensor, if located on
<br />the Premises, may: be subject io cathodic protettlon 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, es a
<br />resutt.of the operating of Licenser's cathodic protection system.
<br />(8) Lleensee agrees and.understends that if Licensor has conetrueted..sleetric transmleeion,
<br />distribution; or. related facilities on the Premises, Licenses 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 />(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)
<br />environmental costs, including, but nc2 limited to, investigation, removal; remedial;
<br />and restoration costs, a_nd con~uhart and other fees and expanses; and l4) any 2nd a!I
<br />ocher costs or expenses.
<br />• {ii) .~ used in this liuarsd, tt,a ;arm "Injur/".means (1S death, perscr,al injury,
<br />orproperry Damage; (21 loss of pro`its cr bthar economic injury;.l3) disease or actual
<br />or threatened health offect; and (d) .;ny consequential or other damages:
<br />(bl To. the extent permitted by law, Licensee covenants and agrees to at all time
<br />pfOtsCt, .lndemriify, 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;. unposed as a resuh of; arising from, or related to 11) this license;. (2) the
<br />construction, existence,. maintenance; operation, repair, inspection, removal, replacement, or
<br />relocation. of the. elecvic tranemisalon. or distribution; natural gas gathering, storage,
<br />transmission, or distribution; or any outer utility facilities; or (3) Licensee's or any other
<br />person's.p~esence at the Premises as a result of or related to this license:
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