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<br />3. Licensee shall move at irs own expense, the Licensed Facility from the Property or any part thereof <br />or move the same to a different location on the Property as requested by Licensor, if the Licensed Facility <br />should interfere, in Licensor's sole and absolute discretion, with the operation and maintenance of <br />Licensor's facilities as now or hereafter constructed. <br />4. Licensor shall have the right to move and align the Penstock water line to different location on the <br />Property at its own cost and expense upon written notice from Licensee that the Property is adequately <br />excavated and graded to allow for such an alignment by Licensor. The Licensee shall pay the cost and <br />expense of the earthwork necessary to relocate the Penstock. Any pipe installation or supervision shall be <br />provided by Licensor at its expense. <br />G~~s~ <br />5. Licensor hall not do or permit to be done any blasting above, underneath or near facilities of <br />Licensor 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 direction such representative may <br />give for the protection or safety of Licensor's facilities in the area. <br />6. Licensee agrees that it shall not begin construction upon and along the Property until Licensee first <br />provides Licensor with plans and specifications and until such plans and specifications have been approved <br />by Licensor. Licensee shall contact the Utility Notification Center of Colorado (1-800-922-1987 or 534- <br />6700 in metro Denver) and Mr. Alfred Hughes (970-259584) at least two working days prior to the <br />commencement of construction on the Property. The instructions of such representative relating to the <br />safety of the Licensor's facilities will be followed by the Licensee, its agents and employees. Any damage <br />done to Licenser's facilities during the above construction shall be paid for or repaired at the expense of <br />the Licensee. <br />7. The provisions of Paragraph 6 shall also apply to any other work involving the construction, <br />maintenance, reconstruction or relocation of the Licensed Facility on the Property. Relocation of the water <br />[ap on the Penstock shall be subject to the written approval of Licensoe's engineers or other designated <br />individual. <br />8. Licensee shall advise all of its employees, agents, con[ractors and other persons who enter upon the <br />Property of the existence and nature of the Penstock. <br />9. In the event that Licensee's use of Property should, in the reasonable judgement of Licensor, <br />constitute a hazard to Licensor's facilities or the general public, Licensor may require relocation or <br />modification of Licensee's facilities to eliminate such interference or hazard and may suspend Licensee's <br />right to use the Property under this License until such relocation or modification is completed. <br />10. Licensee has been fully advised by Licensor tha[ the Penstock of Licensor, if located on the Property, <br />may be subject to cathodic protection by rectifier, and related anode beds. Licensor shall not be liable for <br />stray current, or interfering signals induced in the Licensed Facility as a result of the operating of <br />Licensor's cathodic protection system. <br />11. To the extent permitted by law, Licensee covenants and agrees to a[ all times to protect, indemnify, <br />hold harmless, and defend Licensor, its officers, agents or employees, from the liability as contemplated <br />herein below, including attorneys' fees, arising from claims, asserted by any person or persons for personal <br />C \W P W IMDOCICLIENT56AlITH SCNATNFNDRWUBLICSE~I.ICENSE AGG1 AGREEMENT - PAGE Z OF 4 <br />