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petroleum products, liquids or flammables shall be placed on, under, transported across or stored on the Lands, <br />which restricts, impairs, interferes with, or hinders the use of the Lands by Company or the exercise by <br />Company of any of its rights thereto. Licensee agrees further that in the event it should create a hazardous <br />condition, then upon notification by Company, Licensee shall, within seventy-two (72) hours, at its sole cost <br />and expense, correct such condition or situation; provided however that the Company retains the right to enter <br />upon the Lands and correct any such condition or situation at any time and, by its execution hereof, Licensee <br />hereby agrees to indemnify and hold harmless Company from all loss, damage or injury resulting from <br />Licensee's failure to comply with the provisions of this Agreement. <br />4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from <br />using any tools, equipment, or machinery on the Lands capable of extending greater than fourteen (14) feet <br />above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands <br />and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided herein, <br />shall be made which will result in preventing Company access to its facilities located within said Lands. Unless <br />otherwise provided herein, Licensee agrees to maintain a one hundred and fifty (150) foot wide area, clear of <br />any activities, with a lineal measurement of seventy five (75) feet on each side of the centerline of Company's <br />existing and planned facilities. <br />5. Licensee understands and agrees that the planting of trees, shrubs, and other foliage capable <br />of exceeding fourteen (14) feet in height at full maturity is not permitted within Company's Lands. <br />6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a <br />height of fourteen (14) feet above existing grade and all poles or standards supporting light fixtures are to be of <br />a non-metallic material. <br />7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed <br />of a non-metallic material and sprinkler heads are to be set so the spray height does not exceed fourteen (14) <br />feet above existing grade and does not make contact with any Company's facilities. Aboveground systems <br />shall not be installed within or across Company patrol or finger roads and underground systems crossing said <br />patrol and finger roads are to be buried at a minimum depth of one (1) foot below existing road grade. <br />8. Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the <br />electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high <br />voltage electricity and agrees to use all safety and precautionary measures when working under or near <br />Company's facilities. Licensee hereby acknowledges the receipt and required execution of Form 360, a copy <br />of which is attached hereto as Exhibit C, prior to the commencement of any construction within the Lands. <br />9. Licensee agrees, at all times, to maintain and keep the Lands clean and free of debris. Except <br />as provided herein, Licensee further understands and agrees that certain uses of the Lands are specifically <br />prohibited; such uses include but are not limited to recreational purposes, hunting and camping, and Licensee <br />agrees to notify its employees, agents, contractors, and invitees accordingly. <br />10. The use of the Lands by Licensee shall be at the sole risk and expense of Licensee, and <br />Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting <br />from Company's use of the Lands for its purposes. <br />H. Notwithstanding any provision contained herein to the contrary, Licensee agrees to reimburse <br />Company for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the <br />Lands and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the <br />Lands for Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company for <br />all cost and expense involved with such relocation, rearrangement or change. <br />Form 3740GROW Rev. 09/22/15 <br />Page 2 of 6 <br />