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<br />18
<br />
<br />EXHIBIT E
<br />ASSUMPTION AGREEMENT
<br />
<br />This Assumption Agreement is executed as of __________________, 20____ by the undersigned
<br />(“Permittee”) for the benefit of Northern States Power Company, a Minnesota corporation d/b/a Xcel
<br />Energy (“Xcel Energy”).
<br />
<br />1. Permittee has requested permission from the Municipality of ____________ (the
<br />“Municipality”) to attach, maintain and remove an Ornamental Pole Attachment to a Pole as a
<br />Permittee of Municipality under that certain Agreement Regarding Street Light Poles Owned By
<br />Northern States Power Company (the “Agreement”) entered between Xcel Energy and the
<br />Municipality. Capitalized terms used herein and not otherwise defined shall have the meanings
<br />given in the Agreement.
<br />
<br />2. Xcel Energy’s agreement to allow the use of its Poles for Ornamental Pole Attachments by the
<br />Municipality pursuant to the Agreement, and Xcel Energy’s consent to Permittee’s use of the
<br />Poles, is conditioned on Permittee executing and delivering this Assumption Agreement to Xcel
<br />Energy prior to any use of the Poles by Permittee.
<br />
<br />3. As used herein “Claims” means: Any and all loss, expense, damage, injury, liability or claims,
<br />whether in law or equity , of any person or entity, however caused, resulting or alleged to result,
<br />directly or indirectly from, out of, or related to the attachment, maintenance and/or removal of
<br />any Ornamental Pole Attachment by or on behalf of Permittee, including, without limitation,
<br />claims for injury or death to employees or subcontractors of Contractor or the Municipality,
<br />claims arising from, alleged to arise from, or related to, any injury allegedly or actually occurring,
<br />relating to the effects of electromagnetic fields, stray current or induced current.
<br />
<br />Now therefore, in consideration of the agreements of Xcel Energy referenced herein and other good
<br />and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Permittee hereby:
<br />A. Acknowledges receipt of a true and complete copy of the Agreement.
<br />B. Assumes and agrees to be bound by each of the terms and conditions of the Agreement which
<br />are applicable to the Municipality.
<br />C. Acknowledges that it has acquired no rights in the Poles or rights to enforce any provisions of
<br />the Agreement against Xcel Energy.
<br />D. Releases, waives and discharges Xcel Energy, its affiliates, agents, contractors and
<br />employees, and successors and assigns under the Agreement, from any and all liability of any
<br />kind whatsoever for any and all Claims, and Permittee hereby agrees to defend, indemnify
<br />and save Xcel Energy, its officers, agents and employees harmless from and against liability
<br />for any and all Claims, including without limitation, fines, penalties, costs, attorneys’ fees,
<br />damages, actions, or responsibilities imposed upon or incurred by Xcel Energy, along with
<br />attorneys’ fees incurred by Xcel Energy in connection with the enforcement of this
<br />Assumption Agreement; and
<br />E. Agrees to purchase and maintain commercial general liability insurance covering its
<br />obligations under this Assumption Agreement in accordance with the terms of the Exhibit D
<br />of the Agreement, naming Xcel Energy as an additional insured.
<br />Permittee:
<br />
<br />Signature: ______________________________________
<br />Name (printed or typed): __________________________
<br />Title___________________________________________
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