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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />Premises, except as may be otherwise provided in the Fiber License Agreement. Licensor reserves the right
<br />to enter upon the Licensed Premises at any time and Licensee shall notify its employees, agents, contractors,
<br />subcontractors, licensees, and invitees accordingly. Licensor, its employees and contractors are not and shall
<br />not be responsible or liable for any injury, damage or loss to Licensee resulting from Licensor's use and/or
<br />Licensee's use of the Licensed Premises. Licensor may at its sole discretion, install and/or permit others to
<br />install facilities upon, over and/or under the surface of the Licensed Premises, provided that such installation
<br />shall not interfere with Licensee's ability to access the Fibers.
<br />5. Conditions and Restrictions On Use.
<br />(a) With respect to any work undertaken by Licensee in or around the Licensed Premises, Licensee shall
<br />at its sole cost and expense comply with all laws, rules, and regulations of all governmental authorities having
<br />jurisdiction over the Licensed Premises or use of the Licensed Premises. Licensee shall not within the
<br />Licensed Premises construct or erect any permanent or temporary building, structure, fixture, fence, shelter,
<br />attachment or improvement without prior written permission from Licensor. All work to be performed by
<br />Licensee upon the Licensed Premises shall be in accordance with detailed plans and specifications to be
<br />prepared by Licensee and submitted to Licensor for written approval thereof. Licensee shall not
<br />commence any such work until plans and specifications have been approved by Licensor. Licensee shall
<br />pay directly on its own behalf for all costs associated with construction and maintenance of all
<br />improvements and facilities that it constructs, operates and maintains upon the Licensed Premises.
<br />Licensee shall not cause or allow any waste of the Licensed Premises and shall not remove soil, import
<br />soil or alter the existing surface elevation of the Licensed Premises without first obtaining written
<br />permission of Licensor. Licensee shall pay for all utility and other services furnished to or for Licensee upon
<br />the Licensed Premises.
<br />(b) Licensee shall not use the Licensed Premises in any manner which, in the sole opinion of Licensor,
<br />might interfere with Licensor's use of the Licensed Premises or might reasonably be expected to cause a
<br />hazardous condition to exist. Licensee acknowledges that electrical equipment and appurtenances including,
<br />but not limited to utility poles, overhead and underground wires, cables, circuits, insulators, transformers,
<br />guy wires, and guy wire anchors (collectively "Licensor Facilities"), are installed or may be installed over,
<br />upon and under the surface of the Licensed Premises by Licensor and by others and are conductors of high-
<br />voltage electricity. Licensee understands that contact with or disturbance of any of these Licensor Facilities
<br />may cause a condition hazardous to persons and/or property. Licensee shall exercise extraordinary
<br />precautions to prevent injury or damage to persons and/or property that could result from contact with or
<br />disturbance of Licensor Facilities. Licensee shall notify its employees, agents, contractors, subcontractors,
<br />licensees and invitees of the existence of Licensor Facilities when working in the vicinity of the Licensed
<br />Facilities.
<br />(c) Licensee shall not cause or allow anything to exceed fourteen (14) feet in height above the surface
<br />of the Licensed Premises, nor allow any equipment capable of extending greater than fourteen (14) feet
<br />above the surface of the Licensed Premises to be brought upon the Licensed Premises, except that this
<br />provision shall not apply to equipment and items brought onto the Licensed Premises by Licensor or
<br />Licensor's employees, agents, and contractors. Licensee shall utilize effective dust control measures to
<br />prevent contamination of high-voltage circuit insulators. In each and every location where an electrical
<br />circuit exists above the surface of the Licensed Premises, Licensee shall not allow to be planted in the
<br />ground within less than fifty (50) lateral feet of such circuit, any type of vegetation that is capable of
<br />growing to a height greater than fourteen (14) feet above the ground surface. Licensor shall have the
<br />right, but no form of obligation, to inspect the Licensed Premises to determine if Licensee is in compliance
<br />with all terms, conditions and provisions of this License.
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