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Outdoor Lighting Contract 41 SERVICE AGREEMENT 1. The customer hereby grants NSP the right, privilege and easement to install, operate and maintain its underground facilities on the property as described above and/or the approximate. location as shown on the attached exhibit. 2. The entire ornamental street lighting system including underground cables,conduit,posts, lamps, ballasts, starters, photocells, and glassware installed by NSP, shall be the property of NSP and any payments made by customer, or their contractor, shall not entitle the customer i! to any ownership interest or rights therein. - 3. The customer also agrees that, prior to NSP starting work: (a) the route of NSP's underground installation shall be accessible to NSP's equipment; (b) all obstructions shall be ? removed from such route at no cost or expense to NSP; (c) ground elevation along the route shall not be above or more than four(4)inches below the finished grate. 4. Customer agrees to pay all additional installation costs incurred by NSP because of(a) soil ' conditions that impair the installation of underground facilities, such as rock formations,etc., and (b) sidewalks, curbing, black top, paving, sod or other landscaping and obstructions along the cable route, such as extensive existing underground facilities, etc. NSP will backfill trench with existing soil. 5. Company is not responsible for any customer-owned underground facilities not exposed at the time service is installed. 6. The underground installation may be subject to a winter construction charge if it is installed between October 1 and April 15. Customer agrees to pay this charge if NSP determines winter conditions exist when the underground facilities are installed. NSP will waive the i winter construction charge.if prior to October 1st the customer is ready to accept electrical service, has executed this form and has notified NSP in writing that the requirements of paragraph#2 hereof have been fulfilled. i 7. The customer agrees to pay the cost of.relocating any portion of said underground facilities j made to accommodate the customer's needs or required because of altering the grade,. additions to structures, installing patios,decks or gardens or any other condition which makes maintenance of the company's facilities impractical. -� Standard Terms & Conditions: 1. Limitation of Liability. In no event shall either party hereunder be liable to the other or,any party claiming through it for any reason whatsoever,including an action based upon contract, tort, strict liability or negligence or environmental claim for an amount in excess of the • � _ contract price, payable hereunder nor for any special consequential,incidental or other indirect damages of any kind. Buyer's role remedy hereunder shall be limited to a refund of the amount paid hereunder. Page 2 of 3