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8. This license is subject to the provisions of Minnesota Statutes, section 84.415 and Minnesota Rules Chapter 6135. <br />All standards of Chapter 6135 are incorporated as terms and conditions of this license, except such variations as <br />are identified and approved by the State in the license applications, plans and specifications which are attached <br />and made part of the terms and conditions of this license. The Licensee is bound by the crossing location and <br />installation method as detailed in the application and approved by the State. The Licensee shall not deviate from <br />the terms and conditions of this license or the application as approved by the State unless it has first obtained <br />written permission from the State. <br />9. This license is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota o' any <br />of its offices, agents, or employees, officially or personally, on account of the granting hereof or on account of <br />any damage to any person or property resulting from any act or omission of the Licensee or any of its agents, <br />employees, or contractors relating to any matter hereunder. This license shall not be construed as estopping or <br />limiting any legal claims o' right of action of any person against the Licensee, its agents, employees, or <br />contractors for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal <br />claim or right of action of the State against the Licensee, its agents, employees, or contractors, for violation of or <br />failure to comply with the provisions of the license or applicable provisions of law. The Licensee shall indemnify <br />and hold harmless the State from all claims arising out of the Licensee's use of the above described waters <br />whether such claims are asserted by civil action or otherwise. <br />10. The Licensee shall not without the State's prior written consent: a) assign, convey or otherwise transfer this <br />license or any interest under it; b) sublet the license corridor or any part thereof; or c) permit the use or <br />occupancy of the license corridor or any part thereof by anyone other than the Licensee. 'Phis license shall extend <br />to, and bind the successors, heirs, legal representatives and assigns of the Licensee, if any. The State may require <br />a party who has requested to sublet, use or occupy the license corridor to obtain a separate license from the State <br />prior to occupying or using the license corridor. <br />11. No delay by the State in enforcing any of the conditions of this license shall operate as a waive' of any of its <br />rights. <br />12. Licensee will. pay when due all taxes and assessments levied against said land or the improvements thereon. <br />1.3. Placement and Marking of Lines: <br />A. Por overhead crossings of state waters, lines shall have a minimum clearance of 25 feet above the water, <br />unless otherwise approved by the State. <br />B. When directed by the State as a condition of the license, flight diveters shall be placed on overhead utility <br />lines. <br />C. Any cable or conduit located at a shoreline shall be sufficiently buried so that it does not become exposed <br />during drought or winter drawdowns. <br />D. When directed by the State as a condition of the license, underwater crossings shall be marked by permanent <br />signs on the banks at the points where the line enters and leaves the public waters. <br />14. Herbicides and Pesticides: <br />A. The Licensee must request and obtain written permission to apply herbicides or pesticides to state waters from <br />the State prior to treatment. This request shall consist of a map and narrative identifying proposed treatment <br />areas, target species, herbicide or pesticide name, rate of application and a description of application method <br />and date. All applications must be according, to label regulations and as otherwise specified by the State. The <br />Licensee shall not apply pesticides that are restricted for use on certified state forest land administered by the <br />State. <br />B. The Licensee must submit annual reports detailing herbicide or pesticide application on areas covered under <br />the license to the State. The report must include at a minimum, the dates, acres, location expressed as quarter - <br />quarter section, township and range, herbicide or pesticide used and target species. <br />C. The Licensee shall post all places commonly used by the public for access along the utility corridors treated <br />with herbicides or pesticides. The Licensee shalt notify private landowners when application is made within <br />300 feet of an agricultural field o' within a quarter mile of a residence. <br />15. Erosion and Revegetation: <br />A. Erosion control measures shall be adequately designed for site characteristics. They shall be installed prior to <br />commencement and maintained for as long as needed. All erosion control tneasures installed next to a water <br />body shall run parallel to the contours. <br />B. All disturbed areas shall be restored to original contours and elevations and stabilized as soon as possible <br />following construction. Areas of subsidence and crowing shall be repaired. Topsoil shall be reserved on site <br />and used to re -dress disturbed areas. <br />2 <br />