Common use of Duties Responsibilities and Exculpation Clause in Contracts

Duties Responsibilities and Exculpation. A. Licensee acknowledges and agrees that City does not warrant the condition or safety of City’s Facilities, or the premises surrounding the Facilities. Licensee further acknowledges and agrees that it has an obligation to inspect City’s Poles and/or premises surrounding the Poles, prior to commencing any work on City’s Poles or entering the premises surrounding such Poles. LICENSEE HEREBY ACKNOWLEDGES THE RISK OF WORKING NEAR OR AROUND ENERGIZED CITY FACILITIES ASSUMES ALL RISKS OF ANY DAMAGE, INJURY OR LOSS OF ANY NATURE WHATSOEVER CAUSED BY OR IN CONNECTION WITH THE USE OF THE POLES AND ASSOCIATED FACILITIES AND EQUIPMENT ON, WITHIN, OR SURROUNDING THE POLES. B. By executing this Agreement, Licensee warrants that it has acquainted, or will fully acquaint, itself and its employees and/or contractors and agents with the conditions relating to the work that Licensee will undertake under this Agreement and that it fully understands or will acquaint itself with the facilities, difficulties, and restrictions attending the execution of such work. C. CITY MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO CITY’S FACILITIES OR POLES, ALL OF WHICH WARRANTIES ARE HEREBY DISCLAIMED. CITY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR

Duties Responsibilities and Exculpation. A. Licensee acknowledges and agrees that City does not warrant the condition or safety of City’s Facilities, or the premises surrounding the Facilities. Licensee further acknowledges and agrees that it has an obligation to inspect City’s Poles and/or premises surrounding the Poles, prior to commencing any work on City’s Poles any Pole or entering the premises surrounding such Poles. LICENSEE HEREBY ACKNOWLEDGES THE RISK OF WORKING NEAR OR AROUND ENERGIZED CITY UTILITY FACILITIES AND ASSUMES ALL RISKS OF ANY DAMAGE, INJURY OR LOSS OF ANY NATURE WHATSOEVER CAUSED BY OR IN CONNECTION WITH THE USE OF THE POLES AND ASSOCIATED FACILITIES AND EQUIPMENT ON, WITHIN, OR SURROUNDING THE POLES. B. By executing this Agreement, Licensee warrants that it has acquainted, or will fully acquaint, itself and its employees and/or contractors and agents with the conditions relating to the work that Licensee will undertake under this Agreement and that it fully understands or will acquaint itself with the facilities, difficulties, and restrictions attending the execution of such work. C. CITY MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO CITY’S CITY FACILITIES OR POLES, ALL OF WHICH WARRANTIES ARE HEREBY DISCLAIMED. CITY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OROR FITNESS FOR A PARTICULAR PURPOSE. D. The parties further understand and agree that in the performance of work under this Agreement, Licensee and its agents, employees, contractors and subcontractors will work near electrically energized lines, transformers, or other City Facilities, and it is the intention that energy therein will not be interrupted during the continuance of this Agreement, except in an emergency endangering life, grave personal injury, or property. Licensee shall ensure that its employees, agents, contractors and subcontractors have the necessary qualifications, skill, knowledge, training, and experience to protect themselves, their fellow employees, employees of City, and the general public, from harm or injury while performing work permitted pursuant to this Agreement. In addition, Licensee shall furnish its employees, agents, contractors and subcontractors with competent supervision and sufficient and adequate tools and equipment for their work to be performed in a safe manner, and shall require its contractors and other agents to comply with all applicable federal, state and local laws, rules and regulations. Licensee, and its employees and contractors, shall utilize and install adequate protective equipment to ensure the safety of people and facilities. Licensee agrees that in emergency situations in which it may be necessary to de-energize any part of City’s equipment, Licensee shall ensure that work is suspended until the equipment has been de-energized and that no such work is conducted unless and until the equipment is made safe. E. In the event City de-energizes any equipment or line at Licensee’s request and for Licensee’s benefit and convenience in performing a particular segment of any work, Licensee shall reimburse City in full for all actual costs and expenses incurred to comply with Licensee’s request for de-energization of any equipment or line. F. In the event that Licensee shall cause an interruption of service by damaging or interfering with any equipment of City, Licensee at its expense shall immediately do all things reasonable to avoid injury or damages, direct and incidental, resulting from the interruption and shall notify City immediately. To the extent permitted by Texas law, Licensee shall be liable for all direct actual costs resulting from such damage and any necessary repairs. G. Licensee further warrants that it is apprised of, conscious of, and understands the imminent dangers (INCLUDING SERIOUS BODILY INJURY OR DEATH FROM ELECTROCUTION) inherent in the work necessary to make installations on Poles by Licensee’s employees, agents, contractors or subcontractors, and accepts it as its duty and sole responsibility to notify and inform Licensee’s employees, agents, contractors or subcontractors of such dangers, and to keep them informed regarding same.

Duties Responsibilities and Exculpation. A. Licensee acknowledges and agrees that City Utility does not warrant the condition or safety of CityUtility’s Facilities, or the premises surrounding the Facilities. Licensee further acknowledges and agrees that it has an obligation to inspect CityUtility’s Poles and/or premises surrounding the Poles, prior to commencing any work on CityUtility’s Poles or entering the premises surrounding such Poles. LICENSEE HEREBY ACKNOWLEDGES THE RISK OF WORKING NEAR OR AROUND ENERGIZED CITY FACILITIES ASSUMES ALL RISKS OF ANY DAMAGE, INJURY OR LOSS OF ANY NATURE WHATSOEVER CAUSED BY OR IN CONNECTION WITH THE USE OF THE POLES AND ASSOCIATED FACILITIES AND EQUIPMENT ON, WITHIN, OR SURROUNDING THE POLES. B. By executing this Agreement, Licensee warrants that it has acquainted, or will fully acquaint, itself and its employees and/or contractors and agents with the conditions relating to the work that Licensee will undertake under this Agreement and that it fully understands or will acquaint itself with the facilities, difficulties, and restrictions attending the execution of such work. C. CITY UTILITY MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO CITYUTILITY’S FACILITIES OR POLES, ALL OF WHICH WARRANTIES ARE HEREBY DISCLAIMED. CITY UTILITY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OROR FITNESS FOR A PARTICULAR PURPOSE. D. The parties further understand and agree that in the performance of work under this Agreement, Licensee and its agents, employees, contractors and subcontractors will work near electrically energized lines, transformers, or other Utility Facilities, and it is the intention that energy therein will not be interrupted during the continuance of this Agreement, except in an emergency endangering life, grave personal injury, or property. Licensee shall ensure that its employees, agents, contractors and subcontractors have the necessary qualifications, skill, knowledge, training, and experience to protect themselves, their fellow employees, employees of Utility, and the general public, from harm or injury while performing work permitted pursuant to this Agreement. In addition, Licensee shall furnish its employees, agents, contractors and subcontractors with competent supervision and sufficient and adequate tools and equipment for their work to be performed in a safe manner, and shall require its contractors and other agents to comply with all applicable federal, state and local laws, rules and regulations. Licensee, and its employees and contractors, shall utilize and install adequate protective equipment to ensure the safety of people and facilities. Licensee agrees that in emergency situations in which it may be necessary to de- energize any part of Utility’s equipment, Licensee shall ensure that work is suspended until the equipment has been de-energized and that no such work is conducted unless and until the equipment is made safe. E. In the event Utility de-energizes any equipment or line at Licensee’s request and for Licensee’s benefit and convenience in performing a particular segment of any work, Licensee shall reimburse Utility in full for all costs and expenses incurred to comply with Licensee’s request for de-energization of any equipment or line. F. In the event that Licensee shall cause an interruption of service by damaging or interfering with any equipment of Utility, Licensee at its expense shall immediately do all things reasonable to avoid injury or damages, direct and incidental, resulting from the interruption and shall notify Utility immediately. G. Licensee further warrants that it is apprised of, conscious of, and understands the imminent dangers (INCLUDING SERIOUS BODILY INJURY OR DEATH FROM ELECTROCUTION) inherent in the work necessary to make installations on Utility’s Poles by Licensee’s employees, agents, contractors or subcontractors, and accepts it as its duty and sole responsibility to notify and inform Licensee’s employees, agents, contractors or subcontractors of such dangers, and to keep them informed regarding same.