RES 89074 - Laserfiche WebLink

PROTECTION OF FIBER OPTIC CABLE SYSTEMS (a) Fiber optic cable systems may be buried on the Grantor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Grantee shall telephone the Grantor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Grantor's premises to be used by the Grantee. If it is, Grantee will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Grantor's premises. (b) In addition to the liability terms elsewhere in the Agreement, the Grantee shall indemnify and hold the Grantor harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of the Grantee, its contractor, agents and/or employees, that causes or in any way or degree contributes to (1) any damage to or destruction of any telecommunications system by the Grantee, and/or its contractor, agents and/or employees, on Grantor's property, (2) any injury to or death of any person employed by or on behalf of any telecommunications company through the negligence of the Grantee, and/or its contractor, agents and/or employees, on Grantor's property, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of, such telecommunication company(ies). Section 3. ADMINISTRATIVE HANDLING CHARGE. Upon the execution and delivery of this Supplemental Agreement, the Grantee shall pay to the Grantor an administrative handling charge of FOUR HUNDRED FIFTY DOLLARS ($450.00) . Section 4. EFFECTIVE DATE. This Supplemental Easement Agreement shall be effective as of the date first herein written. Section 4. AGREEMENT SUPPLEMENTAL. This agreement is supplemental to the Basic Agreement, as herein and/or heretofore amended (if applicable), and nothing herein contained shall be construed as amending or modifying the same except as herein specifically provided.