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<br />substances or related materials; polychlorinated biphenyls; petroleum products, fractions and by-
<br />products thereof; asbestos and asbestos-containing materials; perfluoroalkyl and polyfluoroalkyl
<br />substances, medical waste, solid waste, and any excavated soil, debris, or groundwater that is
<br />contaminated with such materials.
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<br /> (f) The term “Environmental Law” includes any and all applicable environmental
<br />laws, whether imposed by statute or derived from common law including, but not limited to, the
<br />Toxic Substances Control Act (15 U.S.C. § 2601, et seq.), the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, (42 U.S.C. § 9601, et seq.), the Solid Waste
<br />Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. § 6901, et
<br />seq.), the Hazardous Material Transportation Act, (49 U.S.C. § 5101, et seq.), the Federal Water
<br />Pollution Control Act, (33 U.S.C. § 1251, et seq.), the Clean Air Act, (42 U.S.C. § 7401, et seq.),
<br />and applicable state counterparts, and their implementing regulations, all as amended from time -
<br />to-time, and all other comparable federal, state or local environmental, conservation or
<br />environmental protection laws, human health and safety, rules or regulations..
<br />
<br /> (g) Notwithstanding any provision of the foregoing that may be interpreted to the
<br />contrary, this indemnity will not apply to any Claims if and to the extent directly caused by the
<br />gross negligence or willful misconduct of NSP. Licensee’s obligations under this Section shall
<br />survive the expiration or termination of the license and this License Agreement until satisfied.
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<br />24. Disclaimer of Warranty. NSP makes no representation as to the suitability of the Licensed
<br />Property for the Permitted Use and no such representation, or any other representations,
<br />are made by NSP or shall be implied by operation of law or otherwise. Additionally, NSP
<br />shall have no responsibility or liability, of any kind, type, nature or description on account
<br />of the failure, cessation or termination of electric service to the Licensed Property; on
<br />account of inadequate or improper functioning of the equipment of Licensee; on account
<br />of any interference, regardless of source, with the exception of interference caused by any
<br />of NSP's equipment that is not operating within its own specific license parameters, with
<br />signals transmitted from the equipment of Licensee, of any kind, type, nature or
<br />description, including by way of illustration but not limitation, loss or damage due to fire,
<br />water, windstorm, hail, lightning, earthquake, riot, vandalism, theft, acts of contractors,
<br />acts of agents or employees or others utilizing the Licensed Property, or for any other cause
<br />whether originating from, within or without the communications system of Licensee.
<br />Further, NSP shall have no liability or responsibility of any kind, nature or description for
<br />maintenance, repair, restoration or renovation of the equipment of Licensee.
<br />
<br />25. Assignment. Licensee shall not assign, sell, delegate, subcontract or otherwise transfer or
<br />encumber in any manner whatsoever, all or any portion of the rights, duties or obligations
<br />under this Agreement. Any such transfer or encumbrance shall be null and void and shall
<br />permit NSP to terminate this Agreement immediately without written notice.
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<br />26. NSP’s Reserved Rights. NSP reserves the right, at any time and from time to time, to make
<br />such use of the Licensed Property as it may desire, at its sole discretion and for any purpose,
<br />including, but not limited to, the construction, operation or maintenance of its electric
<br />power generation, transmission or distribution and appurtenant facilities located or to be
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