1992-068-RES WHEREAS, the City of Paris is in need of pole space to connect City Hall with the Police and Courts

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@ SouthNesl8m Bel 'i!ler 'l8 SW -943. (Rev. 1-9\) XI. 1.::"IAUTHORIZED ATTACHMENT, UTILlZATIO:"l OR OCCl:PA:"ICY A. If a.ny of Applicant's facilities shall be Cound attached 10 poles or anchors or utilizing ancbor/guy strands Cor wb.ich co license has been issued and remains in effect. Telco. without prejudice 10 its other rights Of remedies under this Agreeme::l.I including termination of licenses. may require Applicant to submit in writing, within 15 days of receipt of written notification tonn Telco a license application for such utilization or occupancy. l( sucb application is not received by Telco within the specitled period of time. or is received a.nd specific:a.lly disapproved, Applicant sball ~ it unauthorized facilities within 60 days of receip' of written notice from Telco 10 do so, or Telco may 1.1 Telco's option remove Applicant's Ca.cilities at AppLi~ant's expense at charges computed in accordance with Article II. Paragraph C. and Telco shall be Indemnified by Applicant for such work in a~cordance with ArIcHe XIII. Paragraph C of this Agreement. B. Applicant sball be liable to Telco for fees and changes associated with any unauthorized attachment to pole or anchor or anchor/guy strand utilization. Such rl!l!"I and chatu'i: "hall hI! cnmnutl!d and naid h:Hl!d unon an occunllncv Dl!riod hl!"',,ninq 1hree vl!aro!: "rior In the datI! nf Ihl! di<cnv@rv of unAutl'lnri:r.l!d "nil! or anchor llllac"'ml!nt or anchor/my o;,trand utili:r.lltinn. The fees and charges as specified in Appendix L or as amended. shall be due and payable for the period of the unauthorized occupa:'J.cy whether or not Applicant is permiued to continue the pole or anchor attachment or anchor/guy strana utilization. C. No act or failure to act by Telco with regard to said unlicensed use shall be deemed as a ratification of the unlicensec. use: and if any license should be subsequently issued. said license shall nOI operale retroactively or constitute a waiver by Telco of any of its rights or privileges under this Agreement or otherwise; provided. however, that Applica.nt shall be subject to a:: liabilities. obligations and responsibilities of this Agreement in regards to said unauthorized use from its inception. XI!. SECl:RITY I:'<TEREST A. Sbould Telco remove any of Applicant's facilities from the poles or anchors covered by this Agreement pursuant to any term or condition hereof, Telco will deliver to Applica.nt the facilities so removed upon payment by Applicant of the cost of tb.e removal, storage and delivery, and all other amounts due the Telco. B. Nothing in this Article shall operate to prevent Telco from punuina, at its option~ any other remedies under this Agref:ment or at law or in equity, includina public or private sa.le of Cacilities under security interest or lieD. C. Whereas Telco desires to protect the interests of its ratepayers, employees and sbareholders. 1. Telco may require a bond or other satisfactory evidence of financial security in an amount sufficient to gua.ranlee the performa.nce of 1.11 Applicant's obliaations hereunder. The amount of the bond or financial security shall not operate as a limita.tion upon the obilaations of the Applicant hereunder: and 2. If Applicant furnished a deposit of money pursuant to this se~tion. such deposit may be held during the continuance of this Agreement at the option of the Telco as security for any and all amounts which are or may become due to the Telc.:) under the Agreement. 3. In tbe event tbat a. bond or similar form or assurance is required by Telco, Applicant shall maintain in full force and effect such bond and shall submit to Telco adequate proof u determined by Telco that the bond meets Telco's requiremenls. Applica.nt shall provide cenlfication from the company issWn. the bond that the bond shall Dot be canceled. changed or materially altered without first providing Telco 60 days written notice. o XIII. LIABILITY A:'<D DAMAGES A. Telco shall exercise reasonable precaution to avoid damasing the facilities of the Applicant and sball make an immediate report of the Applicant of the OCCUlTenCe of any such damage caused by its employe.s. alents or contractors. Telco agrees to reimburse the Applicant for cost incurred by the Applicant for the physical repair of such Cacilities damaled by tbe ne&iigence of Telco. Telco sball not be liable to Applicant however for any interruption of Applicant's service or for interference with tbe operation of Applicant's facilities, or for any special. indirect. or consequential damages arising in &DY manner, including Telco's nesJ.igence. out of the use of lbe att&cbed to poles or anchors or utilizinlanchor/guy strands or Telco's actions ot omissions in regards tbereto. Applicant sball ind.emnify &Dd hold barmless Telco, its employees. aglnts and contractors from and against any a.ll claims. dem&Dds. causes of action. cosu and attorneys' fees whatever kind from claims by third panies &rising out of the use of the pole or anchor attachment or &Dcbor/guy slta.nd utilization or Telco's actions or omissions in regards thereto. B. Applicant shall exercin precaution to avoid damaginl tbe facilities of Telco and others attached to poles or anchors and shall make an immediate repen to the owner oC the Cacilities so damaled and Applicant usume, aU responsibility for a.ny and aU direct and indirect loss from sucb damal' caused by actions of Applicant's employees. agents or contractors or failures to follow specifications provided in this Agreement. C. AppUcant shall indemnify. defend and bold harmless the Telco and jomt user from any and all damages and costs. including attorney's fees. incurred by the Telco and joint user u a result of acts by Applicant, its employees. agents of contractors. including but not limHed to a loss or right-at-way or prapeny owner consents andlor the cost at defending those andlor consents. D. The Applicant shall indemnify, defend and bold harmless the Telco aDd joint user from and Ilamst any and all cla.ims. demands. causes of actions and. costs. including attorneys' fees. for damales to propeny and injury or death or persons. including but not limited to payments under any Worker's Compensation Law or UDder any plan Cor employee's disability and death benefits. Which may arise out of or be caused by tbe erection. maintenance. presence. use or removal of Applicant's facilities or by tbeir proximity to the facilities of aU panies auacbed to a pole or anchor. or by any act or omissioDS of the Applicant's employees. agents or contractors on or in the vicinity of the Telco's poles. ancbors and illYs. E. The Applicant shan indemnify. protect and bold barmless tbe Telco and joint user from any and all claims. demands. causes of action and costs, includ.ing attorneys' fees. which arise directly or indirectly from the construction and operation of .~pplicant's facilities. including but not limited to taxes. special cbarles by olhers. claims and demands Cor c1amages or loss Cram Page 5 oC 8