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2023-667-P-Duke Energy Carolinas-Fiber attachment Agreement
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2023-667-P-Duke Energy Carolinas-Fiber attachment Agreement
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Last modified
11/21/2023 2:49:10 PM
Creation date
11/21/2023 2:48:35 PM
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Template:
Contract
Date
9/28/2023
Contract Starting Date
9/28/2023
Contract Ending Date
10/3/2023
Contract Document Type
Contract
Amount
$1.00
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Licensee hereby agrees to secure all necessary consents or permits required by Municipal or <br /> Government Authorities and property owners to place and maintain the attachments herein specified . <br /> It is understood and agreed that the permission here given is a mere license and that the Licensee <br /> hereby assumes any and all risk in connection with the exercise thereof. Licensor shall not be liable for any <br /> i <br /> personal injury sustained by Licensee' s officers, employees , agents , contractors or any other persons while <br /> upon or about the poles or other facilities of the Licensor under the authority of this agreement, regardless of <br /> i <br /> how such injury may be sustained and whether resulting from acts of negligence of Licensor or from the <br /> action of the elements upon the poles or other facilities of Licensor . Licensee acknowledges that it shall be <br /> the duty and responsibility of any person who shall be on or upon any pole under the authority of this <br /> agreement to first examine such pole to insure that such pole is in good condition and will support the person <br /> who shall be on or about such pole . <br /> Licensee further agrees to indemnify and save harmless Licensor from and against any and all <br /> claims, damages , suits or causes of action for damages resulting from any injury to person or damage to <br /> property or loss of life sustained by any person or persons, to include any costs , charges , expenses and <br /> attorney' s fees reasonably incurred in connection with the defense of any claim made against Licensor, or <br /> any payment made by Licensor to an employee of Licensor or such employee' s relatives or representative in <br /> conformity with the provisions of any Employers' Liability or Workers' Compensation Act, hereinafter <br /> collectively termed " Loss " , resulting directly or indirectly from or incurred in connection with the presence, <br /> use, maintenance and removal of Licensee' s attachments, wires and fixtures . <br /> The foregoing notwithstanding, Licensee shall not be required to indemnify and hold harmless <br /> Licensor from any loss arising out of the sole fault of Licensor, and, to the extent that any Loss arises out of <br /> the fault of both Licensee and Licensor, if the degree of fault of Licensor exceeds the degree of fault of <br /> Licensee, Licensee shall be obligated to indemnify Licensor for only that portion of any Loss that is equal to <br /> the degree of Licensee' s fault. However, if the degree of fault of the Licensee is equal to or exceeds the <br /> - 3 - <br />
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