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notifies Licensee that restoration is unnecessary because the Light Pole is being removed from service or Licensor agrees otherwise in writing. d. When a Light Pole that contains an existing Attachment is relocated or replaced by Licensor, and there is a suitable other location for a new Light Pole or an existing Light Pole which could be used by Licensee for its Attachment, then Licensor and the Licensee may agree that Licensee may so use the other location or Light Pole and amend Exhibit A to reflect the transfer of Licensee's Attachment Rights. Except in emergency situations, Licensor will notify Licensee ninety (90) days prior to relocation or replacement of Light Pole. 8. RISK OF LOSS; RESTORATION OR REPAIR OF LIGHT POLE In the event a Light Pole is damaged or Light Pole shall take priority over Licensee's ri Licensor shall not unreasonably delay Licen Attachment. Licensor shall permit License Attachment, as long as such restoration effort: activities. In addition, Licensee shall fully coop repairs or other work on the Light Pole„ which Licensee's Attachment. The Licensor shall of planned repairs that will require a shutdown"c 9. REGULATORY MATTERS oyed, restoration of Licensor's use of a tion of its use; provided, however, that opportunity to restore the use of its make repairs to 'restore use of the ot-interfere with Licensor's restoration with Licensor if Licensor performs any rsay require a temporary shutdown of he Licensee at least 48 hours prior to Licensee's Attachment. To the extent that°this Agreement is subject to the jurisdiction of any regulatory authority, Licensor and Licensee acknowledge that this Agreement may be subject to such changes, modifications or termination as that regulatory authority may direct from time to time in the exercise of its jurisdiction. 10. INDEMNIFICATION AND LIMITATION OF LIABILITY a. Licensee shall indemnify, defend and hold harmless Licensor, its elected officials, staff, directors, invitees, employees, agents, contractors, successors and assigns, from any and all costs, liabilities, claims and expenses, including those from death or injury to any person or from a loss or damage to any real, personal or other property, to the extent arising from any negligent act or omission by Licensee, or by any of Licensee's employees, agents, or contractors in performing this Agreement. b. Licensor shall indemnify, defend and hold harmless Licensee, its affiliates and each of their directors, invitees, employees, agents, contractors, successors and assigns, from any and all costs, liabilities, claims and expenses, including those from death or injury to any person or from a loss or damage to any real, personal or other property, to the extent arising from any negligent act or omission by Licensor, or by any of Licensor's employees, agents, or contractors in performing this Agreement. 55394.00025\29221101.1 -5- 55A-191