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<br />
<br />EXHIBIT C
<br />CONTRACTOR AGREEMENT
<br />
<br />This Contractor Agreement is executed as of __________________, by the undersigned
<br />(“Contractor”) for the benefit of Northern States Power Company, a Minnesota corporation
<br />d/b/a Xcel Energy (“Xcel Energy”).
<br />1. Contractor has been hired by the Municipality of ____________ (the “Municipality”) to
<br />attach, maintain or remove an Ornamental Pole Attachment to a Pole (“Work”) in
<br />connection with the Municipality’s exercise of its rights under that certain Agreement
<br />Regarding Street Light Poles Owned by Northern States Power Company (the
<br />“Agreement”) entered into between Xcel Energy and the Municipality. Capitalized
<br />terms used herein and not otherwise defined shall have the meanings given in the
<br />Agreement.
<br />
<br />2. Xcel Energy’s agreement to allow the use of its Poles for Ornamental Pole Attachments
<br />by the Municipality pursuant to the Agreement, and to permit Contractor to access Poles
<br />for the Work is conditioned on Contractor providing this Contractor Agreement to Xcel
<br />Energy. The Contractor acknowledges and agrees that it has a copy of the Agreement and
<br />has reviewed same.
<br />
<br />3. As used herein “Claims” means: any and all loss, expense, damage, injury, liability or
<br />claims, whether in law or equity, of any person or entity, however caused, resulting or
<br />alleged to result, directly or indirectly from or out of the Work, Contractor’s presence at
<br />or use of the Poles, and its activities related to the Poles or Ornamental Pole Attachments,
<br />including, without limitation, claims for injury or death to employees or subcontractors of
<br />Contractor or the Municipality, claims arising from, alleged to arise from, or related to,
<br />any injury allegedly or actually occurring, relating to the effects of electromagnetic fields,
<br />stray current or induced current.
<br />
<br />Now therefore, in consideration of the agreements of Xcel Energy referenced herein and other
<br />good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,
<br />Contractor hereby releases, waives and discharges Xcel Energy, its affiliates, agents, contractors
<br />and employees, and successors and assigns under the Agreement, from any and all liability of
<br />any kind whatsoever for any and all Claims, and Contractor hereby agrees to defend, indemnify
<br />and save Xcel Energy, its officers, agents and employees harmless from and against liability for
<br />any and all Claims, including without limitation, fines, penalties, costs, attorneys’ fees, damages,
<br />actions, or responsibilities imposed upon or incurred by Xcel Energy, along with attorneys’ fees
<br />incurred by Xcel Energy in connection with the enforcement of this Contractor’s Agreement.
<br />Further, Contractor agrees to purchase and maintain general liability insurance covering its
<br />obligations under this Contractor Agreement, in accordance with the provisions of Exhibit D of
<br />the Agreement, naming Xcel Energy as an additional insured.
<br />Contractor:
<br />
<br />Signature: ______________________________________
<br />Name (printed or typed): __________________________
<br />Title___________________________________________
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