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8 <br />14.General Provisions. <br />(a)Nothing herein contained shall be construed as affecting the rights or privileges <br />previously granted by Xcel Energy, by contract or otherwise, to others not parties to this <br />Agreement, to use any Pole covered by this Agreement, and Xcel Energy retains the right <br />to continue, extend, and grant such rights or privileges. The attachment privileges herein <br />granted shall always be subject to such existing and future contracts and arrangements. <br />(b)This Agreement incorporates all agreements and stipulations between Xcel Energy and <br />Municipality as to the attachment of Ornamental Pole Attachments to Poles and no prior <br />representations, course of conduct, or statements, verbal or written, shall modify, <br />supplement, or change the terms of this Agreement. <br />(c)This Agreement shall be governed by and construed in accordance with the laws of the <br />state in which the Poles are located, without giving effect to principles of conflict of laws. <br />This Agreement is subject to the terms of Xcel Energy’s tariff on file with the Public <br />Utilities Commission or Public Service Commission with authority in the state where <br />Xcel Energy’s Poles are located, as amended from time-to-time. <br />(d)The Municipality’s covenants, agreements, releases, and indemnity obligations shall <br />survive the expiration or termination of this Agreement. <br />(e)Time is of the essence of this Agreement. <br />(f)The title and section headings contained in this Agreement are for purposes of reference <br />only and shall not limit or define the meaning of any of the terms or provisions hereof. <br />The exhibits referenced in this Agreement, as the same may be amended as provided <br />herein, shall be deemed incorporated into this Agreement in their entirety. <br />XCEL ENERGY: <br />NORTHERN STATES POWER COMPANY d/b/a Xcel Energy <br />Signature: ______________________________________ <br />Name (printed or typed): __________________________ <br />Title___________________________________________ <br />MUNICIPALITY: <br />City of Little Canada___________________________ <br />Signature: _______________________________________ <br />Name (printed or typed): __________________________ <br />Title: __________________________________________