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notifies Licensee that restoration is unnecessary because the Light Pole is being removed
<br />from service or Licensor agrees otherwise in writing.
<br />d. When a Light Pole that contains an existing Attachment is relocated or
<br />replaced by Licensor, and there is a suitable other location for a new Light Pole or an
<br />existing Light Pole which could be used by Licensee for its Attachment, then Licensor and
<br />the Licensee may agree that Licensee may so use the other location or Light Pole and amend
<br />Exhibit A to reflect the transfer of Licensee's Attachment Rights. Except in emergency
<br />situations, Licensor will notify Licensee ninety (90) days prior to relocation or replacement
<br />of Light Pole.
<br />8. RISK OF LOSS; RESTORATION OR REPAIR OF LIGHT POLE
<br />In the event a Light Pole is damaged or
<br />Light Pole shall take priority over Licensee's ri
<br />Licensor shall not unreasonably delay Licen
<br />Attachment. Licensor shall permit Licensc
<br />Attachment, as long as such restoration effort�
<br />activities. In addition, Licensee shall fully coo�
<br />repairs or other work on the Light Pole, which
<br />Licensee's Attachment. The Licensor',,shalln(
<br />planned repairs that will require a shijtdown c
<br />9. REGULATORY MATTERS
<br />9yed, restoration of Licensor's use of a
<br />tion of its use; provided, however, that
<br />opportunity to restore the use of its
<br />make repairs to restore use of the
<br />Dtiaterfere with Licensor's restoration
<br />with Licensor if Licensor performs any
<br />m ay require a temporary shutdown of
<br />he. Licensee at least 48 hours prior to
<br />Licensee's Attachment.
<br />To the extent that,this Agreement is, subject to the jurisdiction of any regulatory
<br />authority, Licensor and Licensee acknowledge that this Agreement may be subject to such
<br />changes, modifications or termination as that regulatory authority may direct from time to
<br />time in the exercise of its jurisdiction.
<br />10. TNDEMNIFI CATION AND LIMITATION OF LIABILITY
<br />a. Licensee shall indemnify, defend and hold harmless Licensor, its elected
<br />officials, staff, directors, invitees, employees, agents, contractors, successors and assigns,
<br />from any and all costs, liabilities, claims and expenses, including those from death or injury
<br />to any person or from a loss or damage to any real, personal or other property, to the extent
<br />arising from any negligent act or omission by Licensee, or by any of Licensee's employees,
<br />agents, or contractors in performing this Agreement.
<br />b. Licensor shall indemnify, defend and hold harmless Licensee, its affiliates and
<br />each of their directors, invitees, employees, agents, contractors, successors and assigns,
<br />from any and all costs, liabilities, claims and expenses, including those from death or injury
<br />to any person or from a loss or damage to any real, personal or other property, to the extent
<br />arising from any negligent act or omission by Licensor, or by any of Licensor's employees,
<br />agents, or contractors in performing this Agreement.
<br />55394.00025\2922110t.1 -5-
<br />55A-1 91
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