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