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<br />6. Inspection and Monitoring.
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<br />(a) Xcel Energy may perform inspection and testing of any Pole at any time and may
<br />monitor any activities of the Municipality in connection with the installation,
<br />maintenance or removal of any Ornamental Pole Attachment. Notwithstanding the
<br />foregoing, Xcel Energy will have no duty to inspect or evaluate Poles or to monitor any
<br />activities conducted by Municipality or its contractors. Any inspection, testing or
<br />monitoring by Xcel Energy is for the sole benefit of Xcel Energy and will not create any
<br />duty on Xcel Energy, or obligation to the Municipality or any other person or entity, and
<br />the Municipality hereby releases Xcel Energy from all claims against Xcel Energy arising
<br />out of the use of the Poles. No permission by Xcel Energy for the attachment of any
<br />Ornamental Pole Attachment will constitute a representation or warranty by Xcel Energy
<br />as to the adequacy of the Pole to support any Ornamental Pole Attachment, or the
<br />conformity of the proposed attachment with any applicable codes or laws. Any such
<br />permission will merely be the consent of Xcel Energy to the attachment of the
<br />Ornamental Pole Attachment(s) pursuant to the terms of this Agreement. No failure by
<br />Xcel Energy to object to the attachment of any Ornamental Pole Attachment made in
<br />violation of this Agreement shall constitute a waiver of its right to remove, or object to
<br />such Ornamental Pole Attachment.
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<br />(b) If Xcel Energy, in its sole discretion, determines that any Pole is not suitable for
<br />Ornamental Pole Attachments, because of damage, condition, the presence of additional
<br />attachments, or other reason, Xcel Energy may withdraw such Poles from this Agreement
<br />by giving notice to the Municipality designating the Poles being withdrawn. Thirty (30)
<br />calendar days after such notice is given, Exhibit A shall be deemed automatically
<br />amended to remove the Poles designated by Xcel Energy in such notice. Within such
<br />thirty (30) calendar day period, the Municipality shall remove any Ornamental Pole
<br />Attachments on such Poles, subject to the terms of Section 3.
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<br />7. Insurance and Indemnity.
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<br />(a) To the fullest extent permitted by law, the Municipality shall defend, indemnify and save
<br />Xcel Energy, its officers, agents and employees, harmless from and against any and all
<br />loss, expense, damage, injury, liability and claims therefor, resulting directly or indirectly
<br />from or out of the attachment, maintenance or removal by the Municipality of
<br />Ornamental Pole Attachments, or the use or exercise by Municipality of the rights
<br />granted hereunder, including, without limitation, claims for injury or death to employees
<br />or subcontractors, claims arising from, alleged to arise from, or related to, any injury
<br />allegedly or actually occurring, relating to the effects of electromagnetic fields, stray
<br />current or induced current, and any and all loss, expense, damage, injury, liability and
<br />claims of any other person, however caused.
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<br />(b) To the extent Municipality engages contractors to perform any work activities related to
<br />the attachment, maintenance or removal of Ornamental Pole Attachments, each such
<br />contractor must meet the definition of “Qualified Contractor” (as defined in this
<br />Section) and must execute the form of Contractor Agreement attached hereto as Exhibit
<br />C prior to commencing any such work. For this Agreement, “Qualified Contractor”
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