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25. This Permit or Franchise does not authorize the Utility, or its employees, contractors, or agents, any right to cut,
<br /> spray, retard, remove, destroy, disfigure, or in any way modify the physical condition of any vegetative material
<br /> located on the state-owned highway right of way. Should the Utility anticipate that its Work will alter the appearance
<br /> of the state-owned highway right of way vegetation, the Utility shall notify WSDOT representative listed in special
<br /> provision 1 to obtain WSDOT's prior written approval of the Utility's proposed work. If WSDOT permits the Utility
<br /> to modify the state-owned highway right of way vegetation, it agrees that any vegetation cutting and/or trimming
<br /> activities shall be conducted in such a manner that the state-owned highway right of way vegetation appearance
<br /> will not be damaged. Should the Utility damage the appearance of the state-owned highway right of way vegetation
<br /> without WSDOT's prior written approval, the Utility is subject to penalties provided for in RCWs 47.40.070,
<br /> 47.40.080, and 4.24.630, as applicable.
<br /> 26. The Utility hereby certifies that its facilities described in this Permit or Franchise are (1) in compliance with the
<br /> Control Zone Guidelines, or(2)for a franchise consolidation or renewal, a mitigation plan has been submitted and
<br /> approved for any existing Location I or Location II utility objects to be corrected in accordance with the Control Zone
<br /> Guidelines, pursuant to Chapter 9 of WSDOT's Utilities Manual (M 22-87) and any revisions thereto.
<br /> 27. The Utility shall not assign or transfer this Permit or Franchise without WSDOT's prior written approval. The Utility
<br /> understands that any assignment or transfer requires the assignee or transferee to have the means to assume all
<br /> obligations, duties, and liabilities of the terms and conditions of this Permit or Franchise, and the Utility will advise
<br /> the assignee or transferee of its obligation to apply for an updated or replacement Permit or Franchise. If WSDOT
<br /> does not approve the assignment or transfer, this Permit or Franchise shall automatically terminate, and the facility
<br /> occupying state-owned highway right of way shall be subject to the terms of RCW 47.44.060.
<br /> 28. The Utility, its successors and assigns, shall indemnify, defend at its sole cost and expense, and hold harmless
<br /> the State of Washington, its officers and employees, from all claims, demands, damages (both to persons and/or
<br /> property), expenses, regulatory fines, and/or suits that (1) arise out of or are incident to any acts or omissions of the
<br /> Utility, its agents, contractors, and/or employees, in the use of the state-owned highway right of way as authorized
<br /> by the terms and conditions of this Permit or Franchise, or(2) are caused by the breach of any of the terms or
<br /> conditions of this Permit or Franchise by the Utility, its successors and assigns, and its contractors, agents, and/or
<br /> employees. The Utility, its successors and assigns, shall not be required to indemnify, defend, or hold harmless the
<br /> State of Washington, its officers and/or employees, if the claim, suit, or action for damages (both to persons and/or
<br /> property) is caused by the acts or omissions of the State of Washington, its officers and/or employees; provided that,
<br /> if such claims, suits, or actions result from the concurrent negligence of(a)the State of Washington, its officers and/
<br /> or employees, and (b)the Utility, its agents, contractors, and/or employees, or involves those actions covered by
<br /> RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the acts
<br /> or omissions of the Utility, its agents, contractors, and/or employees.
<br /> 29. The Utility agrees that its obligations under this Permit or Franchise extend to any claim, demand, and/or cause
<br /> of action brought by, or on behalf of, any of its employees or agents while performing Work under this Permit
<br /> or Franchise while located on state-owned highway right of way. For this purpose, the Utility, by MUTUAL
<br /> NEGOTIATION, hereby waives, with respect to the State of Washington only, any immunity that would otherwise be
<br /> available to it against such claims under the Industrial Insurance provisions in chapter 51.12 RCW.
<br /> 30. The indemnification and waiver provided for in general provisions 28 and 29 shall survive the termination of this
<br /> Permit or Franchise.
<br /> 31. Any action for damages against the State of Washington, its agents, contractors, and/or employees, arising out of
<br /> damages to a utility or other facility located on state-owned highway right of way, shall be subject to the provisions
<br /> and limitations of RCW 47.44.150.
<br /> 32. This Permit or Franchise shall not be deemed or held to be an exclusive one and shall not prohibit WSDOT from
<br /> granting rights of like or other nature to other public or private utilities, nor shall it prevent WSDOT from using any of
<br /> the state-owned highway right of way or other properties for transportation purposes, or affect WSDOT's right to full
<br /> supervision and control over all or any part of the state-owned highway right of way or properties, none of which is
<br /> hereby surrendered. Further, WSDOT reserves the exclusive right to require that all utility facilities be subject to joint
<br /> trenching and occupancy.
<br /> DOT Form 224-696 GP
<br /> Revised 06/2019
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