11-12-2025 Council Packet - Laserfiche WebLink

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5 means an individual or non-governmental entity with adequate experience and financial capabilities to perform the required work and satisfy the indemnity obligations imposed by this Agreement, and possessing valid licenses and certifications required by law or which are customary for the type of work being performed. The Municipality’s use of a Qualified Contractor will not release or limit its obligations under the Agreement. (c) During the longer period that any Ornamental Pole Attachment(s) is attached to a Pole, or the expiration or termination of this Agreement, the Municipality will maintain and shall require its contractors and subcontractors which do any work in connection with this Agreement to maintain, the insurance coverage and limits set forth in Exhibit D attached hereto. The liability of Municipality is not limited to available insurance coverage. The dollar amount of insurance coverage required is subject to review by Xcel Energy at the end of each one (1) year period following the Effective Date. Following such a review, Xcel Energy may notify the Municipality, in writing, of reasonable increased requirements. Thirty (30) calendar days after such notice, this Agreement shall be deemed automatically amended to reflect the modified amount of required insurance coverage. (d) Municipality accepts the Poles “AS IS” without any obligation of Xcel Energy to construct, alter, or improve any Poles, and without any express or implied warranties of any kind, including any warranty or representation of fitness for a particular purpose or any use. All materials, equipment, work, and installations of any nature brought upon or installed on the Poles by or on behalf of Municipality shall be at the risk of Municipality. Neither Xcel Energy nor any party acting on Xcel Energy’s behalf shall be responsible for any damage or loss or destruction of Ornamental Pole Attachments, arms or any other equipment or items brought to or installed on the Poles and Municipality hereby releases Xcel Energy from all claims arising out of loss, damage, or destruction of such items. (e) Municipality shall keep the Poles free from any liens arising from work performed, materials furnished, or obligations incurred by or at the request of Municipality or its permittees. If any lien is claimed against the Pole because of the acts or omissions of Municipality, or Municipality’s employees, agents, contractors, or permittees, Municipality shall discharge the lien or bond the lien in a manner reasonably satisfactory to Xcel Energy within thirty (30) calendar days after Municipality receives written notice that a lien has been claimed. If Municipality fails to discharge or remove the lien within the thirty (30) calendar day period, Municipality shall pay Xcel Energy on demand the actual amount paid by Xcel Energy for the discharge or satisfaction of any such lien, and all reasonable attorneys’ fees and other legal expenses of Xcel Energy incurred in defending any such action or in obtaining the discharge of such a lien. 8. No Third-Party Beneficiary; Assignment and Sublicensing. (a) Nothing in this Agreement shall be deemed to be a gift or dedication of any Pole, portion thereof, or interest therein, to the Municipality, the public, or for any public use or purpose whatsoever. Except as herein specifically provided, no right privileges or immunities of Xcel Energy or the Municipality shall inure to the benefit of any third