4920 EVERGREEN WAY BASE FILE 2019-09-09

4. Permission: It is agreed that prior to any installation or modification of the Grantee's improvements within the Permit Area herein granted,the Grantee will first supply the Grantor with detailed drawings and specifications relating to such proposed construction and that no construction, installation or modification of facilities will be performed until the plans have been approved in writing by the Grantor; provided, however, that the approval of the Grantor to the performance of such construction shall not in any manner be considered as imposing any obligation upon the Grantor as to safety or propriety of such installation or construction. Upon completion of such installation or construction, the Grantee shall remove all debris and restore the ground surface to as nearly as possible to the condition in which it was at the commencement of such work. 5. Damages: Any property or right of way of the Grantor damaged or destroyed by the Grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to the satisfaction of the Grantor. If so deemed by the Grantor,the Grantee shall promptly pay to the Grantor the cost of any reconstruction, replacement, repair, alteration or restoration or any other changes or repairs to Grantor's facilities which the Grantor shall reasonably deem necessary by reason of the construction, use and maintenance of the improvements on the Right of Way. For the purpose of this paragraph, "cost" shall be defined as all direct or assignable costs of materials, labor and service including overhead, in accordance with charges for transportation of workers, material, and equipment, storage expense of material and rental equipment. 6. No Warranty: Grantor does not warrant its title and ownership of property or right-of-way nor its right to grant the rights and privileges herein provided and shall not be liable for defects thereto or failure thereof. 7. Non-Exclusive: This permit shall not be deemed an exclusive one nor shall the Grantor be prohibited from granting permission to others to occupy portions of the Right of Way where such uses are not inconsistent with the permit granted to the Grantee. 8. Hold Harmless Clause: Except as otherwise provided in this paragraph,the Grantee hereby agrees to defend and indemnify the Grantor from any and all Claims arising out of, in connection with, or incident to any acts, errors, omissions, or conduct by Grantee (or its employees, agents, representatives subcontractors/subconsultants) relating to this Agreement. The Grantee is obligated to defend and indemnify the Grantor pursuant to this paragraph whether a Claim is asserted directly against the Grantor, or whether it is Permit Grantee Signature Page 3