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2. The Requestor acknowledges that it has inspected the Easement Area and determined it to be suitable for the
<br /> uses described in Paragraph 1 above. Requestor agrees that it is not relying on any oral or written representation
<br /> of Xcel Energy concerning the Easement Area (including but not limited to dimensions, soil conditions,
<br /> environmental conditions,and municipal restrictions,or use by adjoining or third parties).
<br /> 3. No future work shall be conducted on the Easement Area until Requestor has received written approval from
<br /> Xcel Energy. As a condition to approval,Requestor shall submit detailed plans of the work and a description of
<br /> work procedures. Xcel Energy's approval of any work or work procedures merely indicates its consent to the
<br /> proposed activities and does not constitute a representation or warranty concerning the suitability, prudency,
<br /> effectiveness,or propriety of the proposed activities.
<br /> 4. Requestor agrees that within thirty (30) days of Xcel Energy's submittal of an invoice, Requestor shall
<br /> reimburse Xcel Energy for its reasonable expenses to review any request for work(including but not limited to
<br /> costs for administrative review,engineering and field inspection).
<br /> S. Prior to commencing work, Requestor shall designate a representative who will supervise the work,be present
<br /> during all work,and be authorized to control and,if necessary,suspend the work.
<br /> 6. Requestor shall immediately suspend its work if requested by Xcel Energy. If suspension is required due to
<br /> Requestor's failure to strictly comply with the terms of this Consent, upon such suspension the parties shall
<br /> consult in an effort to cure such noncompliance so that the Requestor may resume its activities.
<br /> 7. Requestor shall not at any time use or store any pollutant or hazardous material within the Easement Area,and
<br /> shall at all times maintain the Easement Area in a safe and lawful condition.
<br /> 8. Requestor shall,at its sole cost and risk,obtain all permits,consents or approvals required for its occupancy and
<br /> use of the Easement Area. Upon Xcel Energy's request, Requestor shall provide evidence reasonably
<br /> satisfactory to Xcel Energy that all required consents or permits are in force for Requestor's use of the Easement
<br /> Area.
<br /> 9. As part of Xcel Energy's business operations,Xcel Energy shall have the right,at any time and without liability
<br /> or compensation to Requestor, to use the Easement Area to install, use, repair, maintain, relocate or remove
<br /> facilities that presently exist or may in the future be located within the Easement Area.
<br /> 10. LB41TATION OF LIABILITY; INDEMNITY. Requestor shall indemnify, defend and hold Xcel Energy, its
<br /> agents, employees, and affiliates harmless from any cost, liability, damage, loss, claim, action or proceeding
<br /> whatsoever for injury to persons(including death)or damage to property which may arise from or be claimed to
<br /> have arisen from Requestor's exercise of the rights granted in this Consent. Requestor, on behalf of itself, its
<br /> successors,assigns,and representatives,hereby releases Xcel Energy from any liability for damages incurred by
<br /> Requestor,its successors,assigns,representatives,employees,agents,or those under its control arising from(1)
<br /> Xcel Energy's use and improvement of the Easement Area for its business purposes,(2)the existing condition of
<br /> the Easement Area, (3)Xcel Energy's future installations, (4) Xcel Energy's actions reasonably necessary to
<br /> protect its property during emergency conditions, or (5) Xcel Energy's exercise of its rights to remove
<br /> improvements,grading or other work installed within the Easement Area by or on behalf of Requestor without
<br /> Xcel Energy's prior approval.
<br /> It. Unless otherwise provided for as part of the conditions for approval, throughout the time Requestor is
<br /> conducting work on the Easement Area, Requestor shall insure that any contractor conducting said work shall
<br /> maintain and provide evidence to Xcel Energy of insurance coverage at least equivalent to the following or
<br /> Requestor shall provide,at Requestor's expense,the following coverage:
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