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6 party, nor shall any third party be deemed to be a beneficiary of any of the provisions contained herein. Nothing herein contained shall be construed to compel Xcel Energy to maintain any Poles for a period longer than dictated by its own service requirements. (b) Municipality may not assign, transfer, or encumber this Agreement, or any portion thereof nor shall any assignment or transfer of this Agreement be effectuated by operation of law or otherwise (any of the foregoing being hereinafter referred to as an “Assignment”). Any Assignment or attempted Assignment by Municipality will terminate this Agreement (subject to the survival provisions set forth in Section 14(d) below). Municipality shall not permit or allow the use of the Poles by any other person or entity except for a Permittee in accordance with subsection 8(c) below. (c) Municipality may permit use of the Poles by third parties (a “Permittee”) for non- commercial purposes and in strict compliance with this Agreement, provided that prior to any use of the Poles by or on behalf of any Permittee, the Municipality delivers to Xcel Energy an Assumption Agreement in the form attached hereto as Exhibit E executed by the Permittee, along with evidence that the Permittee maintains insurance coverage in accordance with Exhibit D, naming Xcel Energy as an additional insured. The insurance required under this subsection must be maintained during the entire period of use of the Pole by the Permittee. A default by any Permittee shall be a default by Municipality under this Agreement. No delegation of rights by Municipality will release or limit its obligations under the Agreement. 9. Compliance with Laws. (a) The Municipality shall bear the sole obligation of obtaining such other authority or rights as the Municipality may need in addition to the rights provided in this Agreement for the installation, operation and removal of Ornamental Pole Attachments and use of the Poles. Municipality shall apply for all permits and other governmental approvals necessary for Municipality to attach, maintain, and remove the Ornamental Pole Attachments from Poles. (b) Xcel Energy shall apply for all permits of general application necessary for any work it undertakes in connection with this Agreement, provided that any cost or expense incurred by Xcel Energy in connection with the application for such permits, including without limitation, permit fees, shall be waived by the Municipality or the Municipality shall reimburse Xcel Energy for the actual costs of such permits (as applicable). (c) The terms of this Agreement supersede any Municipality ordinance or regulation relating to the use of Poles for Ornamental Pole Attachments. 10. No Waiver. The failure of Xcel Energy to insist upon strict performance of any of the terms, covenants or conditions hereof shall not be deemed a waiver of any rights or remedies Xcel Energy may have hereunder at law or in equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants or conditions. No waiver by Xcel Energy of any provision of this Agreement shall be effective or binding on Xcel Energy unless made in writing by an authorized representative of Xcel Energy and no such waiver shall be implied from any omission by Xcel Energy to act in