Common use of Environmental Hazards Clause in Contracts

Environmental Hazards. Licensee represents and warrants that its use of Utility Poles will not generate any Hazardous Substances, that it will not store or dispose on or about Utility Poles or transport to Utility Poles any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the Utility and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the Utility’s Poles attributable to Licensee’s use of the Utility’s Poles. Should the Utility’s Poles be declared to contain Hazardous Substances, the Utility, shall be responsible for the disposal of its Pole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the Utility.

Environmental Hazards. Licensee represents and warrants that its use of Utility District Poles will not generate any Hazardous Substances, that it will not store or dispose on or about Utility District Poles or transport to Utility District Poles any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the Utility District and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the UtilityDistrict’s Poles attributable to Licensee’s use of the UtilityDistrict’s Poles. Should the UtilityDistrict’s Poles be declared to contain Hazardous Substances, the UtilityDistrict, shall be responsible for the disposal of its Pole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the UtilityDistrict.

Environmental Hazards. Licensee represents and warrants that its use of Utility Poles will not generate any Hazardous Substances, that it will not store or dispose on or about Utility Poles or transport to Utility Poles any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the Utility District and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the Utility’s Poles attributable to Licensee’s use of the Utility’s Poles. Should the Utility’s Poles be declared to contain Hazardous Substances, the UtilityDistrict, shall be responsible for the disposal of its Polepole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the UtilityDistrict.

Environmental Hazards. Licensee 11.1 Joint Trencher represents and warrants that its use of Utility Poles CPS Energy’s trenches will not generate any Hazardous Substances, that it will not store or dispose on or about Utility Poles CPS Energy’s trenches or transport to Utility Poles CPS Energy’s trenches any hazardous substances Hazardous Substances, and that Licensee’s Communications Facilities the facilities of Joint Trencher will not constitute or contain and will not generate any hazardous substance Hazardous Substance in violation of federal, state state, or local law now or hereafter in effect effect, including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee . 11.2 Joint Trencher further represents and warrants that in the event of breakage, leakage, incineration incineration, or other disaster, its Communications Facilities would Joint Trencher’s facilities will not release any such Hazardous Substances. Licensee Joint Trencher, and its agents, contractors contractors, and subcontractors subcontractors, shall defend, indemnify and hold harmless the Utility CPS Energy and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents agents, and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s 's fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage storage, or discovery of any Hazardous Substances on, under or adjacent to the UtilityCPS Energy’s Poles trenches attributable to Licensee’s Joint Trencher‘s use of the UtilityCPS Energy’s Poles. trenches. 11.3 Should the UtilityCPS Energy’s Poles trenches be declared to contain Hazardous Substances, CPS Energy, Joint Trencher, and all other entities shall share proportionately in the Utility, shall be responsible for the cost of disposal of its Pole. Providedsaid Hazardous Substances based on each entity's individual percentage use of same, provided, however, if the source or presence of the Hazardous Substance is solely attributable to any particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the Utility.

Environmental Hazards. Licensee represents and warrants that its use of Utility District Poles and/or Conduit System will not generate any Hazardous SubstancesSubstances (as defined below), that it will not store or dispose on or about Utility Poles District Poles/Conduit System or transport to Utility Poles District Poles/Conduit System any hazardous substances Hazardous Substances and that Licensee’s Communications Facilities Attachments will not constitute or contain and will not generate any hazardous substance Hazardous Substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities Attachments would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the Utility and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors District’s Indemnified Parties against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the Utility’s Poles District Poles/Conduit system attributable to Licensee’s use of the Utility’s PolesDistrict Poles or Conduit System. Should the Utility’s District Poles be declared to contain Hazardous Substances, the Utility, District shall be responsible for the disposal of its Pole. ProvidedPoles and the remediation of any associated release of Hazardous Substances; provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular Licensee and/or other parties, such costs shall be borne solely by those Licensee and/or such other parties. Notwithstanding the above, the Utility agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the Utility.

Environmental Hazards. Licensee represents and warrants that its use of Utility City’s Poles will not generate any Hazardous Substances, that it will not store or dispose on or about Utility Poles City’s Poles/Conduit System or transport to Utility Poles City’s Poles/Conduit System any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the Utility City and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the UtilityCity’s Poles Poles/Conduit System attributable to Licensee’s use of the UtilityCity’s PolesPoles or Conduit System. Should the UtilityCity’s Poles be declared to contain Hazardous Substances, City, Licensee and all Attaching Entities shall share proportionately in the Utilitycost of disposal of the affected Poles based on each entity’s individual percentage use of same. For Attaching Entities, such percentage shall be responsible for derived from the disposal sum of Assigned Space occupied by each Attaching Entity plus its Poleshare of the Common Space. For City, such percentage shall be equal to the space above the NESC 40-inch safety space plus its share of the Common Space. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the Utility.

Environmental Hazards. Licensee represents and warrants that its use of Utility the Poles will not generate any Hazardous Substances, that it will not store or dispose on or about Utility the Poles or transport to Utility the Poles any hazardous substances substances, and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state state, or local law law, now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations regulations, or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration incineration, or other disaster, its Communications Facilities would will not release any Hazardous Substances. Licensee and its agents, contractors contractors, and subcontractors shall defend, indemnify indemnify, and hold harmless the Utility Town and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents agents, and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage storage, or discovery of any Hazardous Substances on, under under, or adjacent to the Utility’s Poles attributable to Licensee’s use of the Utility’s Poles. Should the Utility’s Poles be declared to contain Hazardous Substances, Town, Licensee, and all Attaching Entities shall share proportionately in the Utilitycost of disposal of the affected Poles based on each entity’s individual percentage use of same. For Attaching Entities, such percentage shall be responsible for derived from the disposal sum of Assigned Space occupied by each Attaching Entity plus its Poleshare of the Common Space. ProvidedFor Town, such percentage shall be equal to the space above the NESC forty (40) inch safety space plus its share of the Common Space; provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the Utility.

Environmental Hazards. Licensee represents and warrants that its use of Utility Utility’s Poles will not generate any Hazardous Substances, that it will not store or dispose on or about Utility Utility’s Poles or transport to Utility Utility’s Poles any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state state, or local law now or hereafter in effect effect, including any amendments. “Hazardous Substance” ―Hazardous Substance‖ shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect effect, including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration incineration, or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors contractors, and subcontractors shall defend, indemnify indemnify, and hold harmless the Utility and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents agents, and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, or expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage storage, or discovery of any Hazardous Substances on, under under, or adjacent to the Utility’s Poles attributable to Licensee’s use of the Utility’s Poles. Should the Utility’s Poles be declared to contain Hazardous Substances, the Utility, Licensee, and all Attaching Entities shall share proportionately in the cost of disposal of the affected Poles based on each entity’s individual percentage use of same. For Attaching Entities, such percentage shall be responsible for derived from the disposal sum of space occupied by each Attaching Entity plus its Poleshare of the common space, including the NESC safety space. ProvidedFor Utility, however, if such percentage shall be equal to the space above the NESC safety space plus its share of the common Space. If the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the Utility.

Environmental Hazards. Licensee represents and warrants that its use of Utility Poles will not generate any Hazardous Substances, that it will not store or dispose on or about Utility Poles or transport to Utility Poles any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the Utility Grant PUD and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the Utility’s Poles attributable to Licensee’s use of the Utility’s Poles. The foregoing shall not apply to commercially available products used in compliance with the manufacturer’s recommendations and in compliance with federal, state, and local laws at the time the applicable Permit is approved. Should the Utility’s Poles be declared to contain Hazardous Substances, the UtilityGrant PUD, shall be responsible for the disposal of its Polepole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility Xxxxx XXX agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the UtilityXxxxx XXX.

Environmental Hazards. Licensee represents and warrants that its use of Utility Utility’s Poles will not generate any Hazardous Substances, that it will not store or dispose on or about Utility Poles Utility’s Poles, or transport to Utility Utility’s Poles any hazardous substances Hazardous Substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance Hazardous Substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the Utility and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors from and against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the Utility’s Poles attributable to Licensee’s use of the Utility’s Poles. Poles , and/or the violation of Licensee’s representations provided herein Should the Utility’s Poles be declared to contain Hazardous Substances, the Utility, Licensee and all Attaching Entities shall share proportionately in the cost of disposal of the affected Poles based on each entity’s individual percentage use of the same. For Attaching Entities, such percentage shall be responsible for derived from the disposal sum of the space occupied by each Attaching Entity plus its Poleshare of the Common Space. ProvidedFor Utility, however, if such percentage shall be equal to the space above the NESC 40-inch safety space plus its share of the Common Space. If the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the Utility.

Environmental Hazards. Licensee represents and warrants that its use of Utility Poles will not generate any Hazardous Substances, that it will not store or dispose on or about Utility Poles or transport to Utility Poles any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the Utility District and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the Utility’s Poles attributable to Licensee’s use of the Utility’s Poles. Contract Documents 160-10748 Should the Utility’s Poles be declared to contain Hazardous Substances, the UtilityDistrict, shall be responsible for the disposal of its Polepole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the UtilityDistrict.

Environmental Hazards. Licensee 11.1 Joint Trencher represents and warrants that its use of Utility Poles CPS Energy's trenches will not generate any Hazardous Substances, that it will not store or dispose on or about Utility Poles CPS Energy's trenches or transport to Utility Poles CPS Energy's trenches any hazardous substances Hazardous Substances, and that Licensee’s Communications Facilities the facilities of Joint Trencher will not constitute or contain and will not generate any hazardous substance Hazardous Substance in violation of federal, state state, or local law now or hereafter in effect effect, including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee . 11.2 Joint Trencher further represents and warrants that in the event of breakage, leakage, incineration incineration, or other disaster, its Communications Facilities would Joint Trencher's facilities will not release any such Hazardous Substances. Licensee Joint Trencher, and its agents, contractors contractors, and subcontractors subcontractors, shall defend, indemnify and hold harmless the Utility CPS Energy and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents agents, and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s 's fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage storage, or discovery of any Hazardous Substances on, under or adjacent to the Utility’s Poles CPS Energy's trenches attributable to Licensee’s Joint Trencher's use of the Utility’s Poles. CPS Energy's trenches. 11.3 Should the Utility’s Poles CPS Energy's trenches be declared to contain Hazardous Substances, CPS Energy, Joint Trencher, and all other entities shall share proportionately in the Utility, shall be responsible for the cost of disposal of its Pole. Providedsaid Hazardous Substances based on each entity's individual percentage use of same, provided, however, if the source or presence of the Hazardous Substance is solely attributable to any particular partiesentities, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the Utilityentities.

Environmental Hazards. Licensee represents and warrants that its use of Utility the Poles will not generate any Hazardous Substances, that it will not store or dispose on or about Utility the Poles or transport to Utility the Poles any hazardous substances substances, and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state state, or local law law, now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations regulations, or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration incineration, or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors contractors, and subcontractors shall defend, indemnify indemnify, and hold harmless the Utility and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents agents, and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage storage, or discovery of any Hazardous Substances on, under under, or adjacent to the Utility’s Poles attributable to Licensee’s use of the Utility’s Poles. Should the Utility’s Poles be declared to contain Hazardous Substances, the Utility, Licensee, and all Attaching Entities shall share proportionately in the cost of disposal of the affected Poles based on each entity’s individual percentage use of same. For Attaching Entities, such percentage shall be responsible for derived from the disposal sum of Assigned Space occupied by each Attaching Entity plus its Poleshare of the Common Space. ProvidedFor Utility, such percentage shall be equal to the space above the NESC forty (40) inch safety space plus its share of the Common Space; provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the Utility.

Environmental Hazards. Licensee Operator represents and warrants that its use of Utility Poles KUB Infrastructure will not generate any Hazardous Substances, that it will not store or dispose on or about Utility Poles KUB Infrastructure or transport to Utility Poles KUB Infrastructure any hazardous substances Hazardous Substances, and that LicenseeOperator’s Communications Facilities Attachments will not constitute or contain and will not generate any hazardous substance Hazardous Substances in violation of federal, state or local law now or hereafter in effect effect, including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect effect, including any amendments. Licensee Operator further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities Attachments would not release any Hazardous Substances. Licensee Operator and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the Utility KUB and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the UtilityKUB’s Poles Infrastructure attributable to LicenseeOperator’s use of KUB’s Infrastructure, provided that Operator shall not be liable for any such claims, demands or causes of action to the Utility’s Polesextent arising from the gross negligence or intentional misconduct of KUB, its commissioners, officers, employees or agents. Should the UtilityKUB’s Poles Infrastructure be declared to contain Hazardous Substances, KUB, Operator, and all attaching Users shall share proportionally in the Utility, shall be responsible for the cost of disposal of its Pole. Providedthe affected Infrastructure based on each User’s individual percentage use of same; provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding For Users/Operators, such percentage shall be derived from the abovesum of space occupied by each User plus its share of the support space, including the Utility agrees to defendNESC Communication Worker Safety Zone. For KUB, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions such percentage shall be equal to the extent caused or created by space above the UtilityNESC Communication Worker Safety Zone plus its share of the support space.

Environmental Hazards. Licensee represents and warrants that its use of Utility Utility’s Poles will not generate any Hazardous Substances, that it will not store or dispose on or about Utility Poles Utility’s Poles/Conduit System or transport to Utility Poles Utility’s Poles/Conduit System any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the Utility and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the Utility’s Poles Poles/Conduit System attributable to Licensee’s use of the Utility’s PolesPoles or Conduit System. Should the Utility’s Poles be declared to contain Hazardous Substances, the Utility, Licensee and all Attaching Entities shall share proportionately in the cost of disposal of the affected Poles based on each entity’s individual percentage use of same. For Attaching Entities, such percentage shall be responsible for derived from the disposal sum of Assigned Space occupied by each Attaching Entity plus its Poleshare of the Common Space. For Utility, such percentage shall be equal to the space above the NESC 40-inch safety space plus its share of the Common Space. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the Utility.

Environmental Hazards. Licensee represents and warrants that its use of Utility Poles will not generate any Hazardous Substances, that it will not store or dispose on or about Utility Poles or transport to Utility Poles any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the Utility District and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the Utility’s Poles attributable to Licensee’s use of the Utility’s Poles. The foregoing shall not apply to commercially available products used in compliance with the manufacturer’s recommendations and in compliance with federal, state, and local laws at the time the applicable Permit is approved. Should the Utility’s Poles be declared to contain Hazardous Substances, the UtilityDistrict, shall be responsible for the disposal of its Polepole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the UtilityDistrict.

Environmental Hazards. Licensee represents and warrants that Landlord represents, as of the Commencement Date (i) to the best of its use of Utility Poles will not generate any Hazardous Substancesknowledge, that it will not store the building or dispose other structures on the Subleased Property contain no asbestos nor have asbestos-containing materials and (ii) to the best of its knowledge, no hazardous waste, materials or about Utility Poles or transport to Utility Poles any hazardous substances and that Licensee’s Communications Facilities will not constitute or contain and will not generate any hazardous substance in violation of substances, as defined by applicable federal, state or local law now or hereafter have been heretofore disposed of on the Subleased Property and that no other environmental hazards exist on the Subleased Property. Tenant agrees that it shall not, nor shall it permit others, in effect including any amendments. “Hazardous Substance” shall be interpreted broadly violation of environmental laws and regulations, to mean any substance or material designated or defined as hazardous or toxic wasteuse, hazardous or toxic materialrelease, hazardous or toxic or radioactive substance, dangerous radio frequency radiationstore, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event dispose of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous SubstancesMaterials (as defined by environmental law and regulations) on the Subleased Property nor shall Tenant contaminate the Subleased Property or the environment. Licensee and If Tenant or its agents, contractors contractors, or employees, have actual knowledge of any release of any Hazardous Materials on the Subleased Property, or of any inquiry or action by a government agency regarding such materials, Tenant shall immediately notify Landlord. Tenant agrees to abide by all applicable environmental laws and subcontractors regulations as they apply to Tenant's possession, operation and use of the Subleased Property. In the event that the Subleased Property or the environment becomes contaminated with Hazardous Materials as a result of Tenant's use, occupation, or possession of the Subleased Property, it shall defendbe Tenant's sole responsibility and cost to remediate and take from the Subleased Property said contamination. Further, Tenant shall indemnify and hold harmless the Utility and its respective officialsLandlord from all reasonable claims, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery damages as a result of any Hazardous Substances onenvironmental problems which are the result of Tenant's use, under occupation, or adjacent to the Utility’s Poles attributable to Licensee’s use possession of the Utility’s PolesSubleased Property. Should Landlord specifically prohibits Tenant from installing, or allowing others to install, any underground bulk storage tanks on the Utility’s Poles be declared to contain Hazardous SubstancesSubleased Property. All representations, warranties and indemnification provisions of this Section shall survive the Utility, shall be responsible for the disposal termination of its Pole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the Utilitythis Sublease.

Environmental Hazards. Licensee represents and warrants that its use of Utility Utility’s Poles will not generate any Hazardous Substances, that it will not store or dispose on or about Utility Poles Utility’s Poles, or transport to Utility Poles Utility’s Poles, any hazardous substances Hazardous Substances and that Licensee’s Communications Facilities Wireless Installations will not constitute or contain and will not generate any hazardous substance Hazardous Substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities Wireless Installations would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the Utility LP&L and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors from and against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or discovery of any Hazardous Substances on, under or adjacent to the Utility’s Poles attributable to Licensee’s use of the Utility’s Poles. , and/or the violation of Licensee’s representations provided herein Should the Utility’s Poles be declared to contain Hazardous Substances, the Utility, Licensee and all Attaching Entities and Wireless Installers shall share proportionately in the cost of disposal of the affected Poles based on each entity’s individual percentage use of the same. For Attaching Entities and Wireless Installers, such percentage shall be responsible for derived from the disposal sum of the space occupied by each Attaching Entity plus its Poleshare of the Common Space. ProvidedFor Utility, however, if such percentage shall be equal to the space above the NESC 40-inch safety space plus its share of the Common Space. If the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions to the extent caused or created by the Utility.

Environmental Hazards. Licensee represents and warrants that its use of Utility Poles City Facilities will not generate any Hazardous Substances, that it will not store or dispose on or about Utility Poles City Facilities or transport to Utility Poles City Facilities any hazardous substances and that Licensee’s Communications Facilities Attachment(s) will not constitute or contain and will not generate any hazardous substance in violation of federal, state or local law now or hereafter in effect including any amendments. Notwithstanding the foregoing, Licensee shall be permitted to bring and keep on City Facilities equipment commonly used in the telecommunications industry, including without limitation, electrical components and batteries. “Hazardous Substance” shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Communications Facilities would not release any Hazardous Substances. Licensee and its agents, contractors and subcontractors shall defend, indemnify and hold harmless the Utility City and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, or storage or discovery of any Hazardous Substances on, under or adjacent to the Utility’s Poles City Facilities attributable to Licensee’s use of City Facilities, except to the Utilityextent of the City’s Polesnegligence or willful misconduct in connection with such liability. Should the Utility’s Poles be declared to contain Hazardous Substances, the Utility, Licensor acknowledges that Licensee shall not be responsible for the disposal of its Pole. Provided, however, if the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the Utility agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances or Conditions contamination at City Facilities to the extent caused in whole or created in part by the UtilityLicensor or a third party.