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(4) Licensee shall not do or permit to be done any blasting above, underneath, or near facilities on
<br />the Premises 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 directions such representative may
<br />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 result of
<br />the construction, operation, maintenance, repair, inspection, removal, replacement, or relocation of the
<br />licensed facility shall be paid for or repaired at the expense of Licensee.
<br />(6) Licensee agrees and understands that if Licensor has constructed natural gas gathering,
<br />storage, transmission, distribution, or related facilities on the Premises, Licensee has been fully advised by
<br />Licensor that such natural gas facilities may now transport and may continue to transport natural gas at
<br />significant pressures. Licensee shall advise all of its employees, agents, contractors, and other persons who
<br />enter upon the Premises, pursuant to the provisions of this license, of the existence and nature of such
<br />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 the
<br />Premises, may be subject to cathodic protection by rectifier and related anode beds, and that Licensor shall
<br />not be liable for stray current or interfering signals induced in the licensed facility as a result of the operating
<br />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 voltages, and
<br />that the conductors on electric lines may not be insulated. Licensee shall advise all of its employees, agents,
<br />contractors, and other persons who enter upon the Premises, pursuant to the provisions of this license, of the
<br />existence and nature of such electric facilities and the potential danger and risk involved.
<br />(9) (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) environmental
<br />costs, including, but not limited to, investigation, removal, remedial, and restoration costs,
<br />and consultant and other fees and expenses; and (4) any and all other costs or expenses.
<br />(ii) As used in this license, the term "Injury" means (1) death, personal injury, or
<br />property damage; (2) loss of profits or other economic injury; (3) disease or actual or
<br />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 protect,
<br />indemnify, hold harmless, and defend Licensor, its directors, officers, agents, employees,
<br />successors, assigns, parents, subsidiaries, and affiliates from and against any and all Claims arising
<br />from, alleged to arise from, or related to any Injury allegedly or actually occurring, imposed as a
<br />result of, arising from, or related to (1) this license; (2) the construction, existence, maintenance,
<br />operation, repair, inspection, removal, replacement, or relocation of the electric transmission or
<br />distribution; natural gas gathering, storage, transmission, or distribution; or any other utility facilities
<br />located on the Premises; or (3) Licensee's or any other person's presence at the Premises as a
<br />result of or related to this license.
<br />(c) Licensee's duty to protect, indemnify, hold harmless, and defend hereunder shall apply
<br />to any and all Claims and Injury, including, but not limited to:
<br />(i) Claims asserted by any person or entity, including, but not limited to, employees
<br />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 at or
<br />near the Premises of (1) electric power generation, transmission, distribution, or related
<br />facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering, storage,
<br />transmission, distribution, or related facilities; or
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