GENERAL43696

• Permit No: M1994113
• IBM Index Class Name: General Documents
• Doc Date: 6/19/2000
• From: PUBLIC SERVICE CO
• To: DMG
• Media Type: D
• Archive: No

•
N
injuries, death or property damage including but not limited to employees of Licensee or its contractors,
subcontractors or their employees, arising from or growing out of the construction, existence, maintenance,
operation or removal of [he Licensed Facility. By agreeing to indemnification hereunder, the Licensee
does not waive any provisions of the Colorado Govemmental Immunity Act or similar statues or doctrines.
12. Licensor shall use care not to damage the Licensed Facility in the maintenance, reconstruction,
relocation of its facilities located on the Property and, if practical, shall give reasonable notice to Licensee
of any of its activity in the immediate vicinity of the Licensed Facility.
13. Licensee shall install the Licensed Facility so as to maintain a minimum cover of five (5) feet over
the Licensor's Penstock, or other facilities located on the Property, allowable by the width of Licensoe's
interest in the Property and terrain of the Property. When Licensee is required to cross Licensor's
penstock, the crossing shall be over the Penstock as directed by Licensor.
14. After initial construction of the Licensed Facility and thereafter, Licensee shall restore the surface
of the Property by grading and compacting any irregularities left after construction.
15. Licensee shall reimburse Licensor for all costs involved for replacing and resetting any section
corners, quarter corners, quarer corners, ownership monuments, right-of-way markers and reference
points, disturbed or destroyed during the construction, operation, maintenance or removal of said facilities.
16. A copy of this License shall be on the job site at all times.
17. Upon request, Licensor shall furnish Licensee with information regarding the terms of Licensoe's
interest in the Property that is necessary for Licensee to plan its installation of the Licensed Facility.
18. Upon the abandonment of the use of the Property by Licensee, the License herein granted shall
terminate. Upon termination, Licensee shall remove the Licensed Facility from the Property and restore
the Property to the Property's condition prior to this License taking effect. If Licensee should fail to
remove the Licensed Facility and restore the Property, Licensor may remove the same and restore the
Property at the expense of the Licensee. ~
0
19. Licensee further agrees to provide, keep in full force and effect and require of it contractors or
subcontractors Workers' Compensation insurance pursuant to the laws of Colorad~all employees
entering upon the Property. Contractor is to notify Licensor (Mr. Alfred Hughes) at [phone] a
minimum of 48 hours prior to constmction.
20. This License is issued subject to any prior licenses, easements, or leases granted by the Licensor for
improvements of other parties.
2l. This License shall inure to the benefit of and be binding upon the successors and permitted assigns
of the parties hereto.
22. Licensee shall bear the sole obligation of obtaining from the fee title owner of the Property or others
owning proprietary interest in the Property, such authority or rights as the Licensee may need in addition
to the rights provided in this License for the Licensee's proposed construction and use of the Property.
C \W PW IMDOPCLIENTS~SMITH SCMATHFNDR\PURLICSELLICENSE AOA AGREEMEM -PAGE 3 OF 4