Orange County NC Website
CONDUIT FACILITIES <br /> 9. In the event the Federal Corn municatiors Corn mission or the state <br /> regulatory agency which has jurisdiction over underground conduit system <br /> agreements, sets rental rates, terms or conditions which apply to such <br /> agreements, such rental rates, terms or condition shall apply to this <br /> Agreement in place of the rates, terms and conditions stated herein. <br /> 10. In the event that Licensor files a tariff during the term of this Agreement <br /> covering placements in its underground conduit system, Licensor reserves <br /> the right to substitute the rates and charges covered by such tariff in place <br /> of the rentals set forth in Section 10 and 11 above. Licensor shall notify <br /> Licensee in writing, with respect to any such tariff requesting an increase <br /> in rates concurrently with the filing thereof. <br /> 11. Licensee agrees to take all necessary precautions by the irstallation of <br /> protective equipment cr otherwise, to protect persons and property against <br /> injury or damage that may result from Licensee's placements in Licensoe's <br /> underground conduit system. If, in Licensoe's opinion, Licensee has not <br /> taken such necessary precautions, Licensor shall have the right to <br /> terminate the permission herein granted upon written notice to Licensee. <br /> However, Licensor shall not be considered in any way responsible for the <br /> adequacy or inadequacy of such precautions of Licensee. <br /> 12. In the event Licensee, its contractors, agents or employees cause damage <br /> to the facilities of Licensor and joint users and associated equipment or <br /> damage is caused by the presence of Licensee's equipment or in Licensee's <br /> conduit systems, Licensee shall assume all responsibility for, and agrees <br /> promptly to reimburse in full, Licersor and through Licersor, the joint <br /> users, for all Ices and expense occasioned by such damage. Licensee shall <br /> make an im mediate report to Licensor of the occurrence of any such <br /> damage. <br /> 13. Licensee shall inde m nlify, protect, save harmless, and insure Licensor, its <br /> successors and assigns, and any joint user from and against any and all <br /> claims or demands for damages as a result of injury or destruction of <br /> property or as a result of injury to or death of a person or persons, <br /> including payments made under any workmen's C o mpenrsation law or under <br /> any plan for employee's disability and death benefits, and including all <br /> expenses incurred in defending against any such claims or demands, which <br /> may arise out of or be caused by the creation, installation, maintenance, <br />