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PL X 980112
<br />Form Approved, AVP-Law
<br />(b) In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and
<br />hold the Licensor harmless from and against all costs, liability and expense whatsoever (including,
<br />without limitation, attorneys' fees, court costs and expenses) caused by the negligence of the Licensee, its
<br />contractor, agents and/or employees, resulting in (1) any damage to or destruction of any
<br />telecommunications system on Licensor's property, and/or (2) any injury to or death of any person
<br />employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or
<br />employees, on Licensor's property, except if such costs, liability or expenses are caused solely by the
<br />direct active negligence of the Licensor. Licensee further agrees that it shall not have or seek recourse
<br />against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or
<br />other consequential damage to a telecommunication company using Licensor's property or a customer or
<br />user of services of the fiber optic cable on Licensee's property.
<br />Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL: TAXES.
<br />(a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon
<br />property of the Licensor in connection with the construction, maintenance, repair, renewal, modification
<br />or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of
<br />any kind or nature to be enforced against the property for any work done or materials famished thereon at
<br />the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the
<br />Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in
<br />any way connected with or growing out of such work done, labor performed, or materials furnished.
<br />(b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in
<br />respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon
<br />property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such
<br />property shall not be increased because of the location, construction or maintenance of the Pipeline or any
<br />improvement, appliance or fixture connected therewith placed upon such property, or on account of the
<br />Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed
<br />to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee
<br />shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's
<br />property upon property of the Licensor as compared with the entire value of such property.
<br />Section 9. RESTORATION OF LICENSOR'S PROPERTY.
<br />In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner
<br />move or disturb any of the other property of the Licensor in connection with the construction,
<br />maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in
<br />that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and
<br />other property to the same condition as the same were in before such fence was taken down or such other
<br />property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its
<br />officers, agents and employees, against and from any and all liability, loss, damages, claims, demands,
<br />costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from
<br />injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever,
<br />when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any
<br />fence or the moving or disturbance of any other property of the Licensor.
<br />plx.exb
<br />Exhibit B
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