Common use of Environmental Hazards Clause in Contracts

Environmental Hazards. 11.1 Joint Trencher represents and warrants that its use of CPS Energy’s trenches will not generate any Hazardous Substances, that it will not store or dispose on or about CPS Energy’s trenches or transport to CPS Energy’s trenches any Hazardous Substances, and that the facilities of Joint Trencher 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. 11.2 Joint Trencher further represents and warrants that in the event of breakage, leakage, incineration, or other disaster, Joint Trencher’s facilities will not release such Hazardous Substances. Joint Trencher, and its agents, contractors, and subcontractors, shall defend, indemnify and hold harmless CPS Energy 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 CPS Energy’s trenches attributable to Joint Trencher‘s use of CPS Energy’s trenches. 11.3 Should CPS Energy’s trenches be declared to contain Hazardous Substances, CPS Energy, Joint Trencher, and all other entities shall share proportionately in the cost of disposal of said 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.

Environmental Hazards. 11.1 Joint Trencher Licensee represents and warrants that its use of CPS Energy’s trenches 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 CPS Energy’s trenches District Poles/Conduit System or transport to CPS Energy’s trenches District Poles/Conduit System any Hazardous Substances, Substances and that the facilities of Joint Trencher Licensee’s Attachments 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. 11.2 Joint Trencher . “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, incineration or other disaster, Joint Trencher’s facilities will its Attachments would not release such any Hazardous Substances. Joint Trencher, Licensee and its agents, contractors, contractors and subcontractors, subcontractors shall defend, indemnify and hold harmless CPS Energy 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 ’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 CPS Energy’s trenches District Poles/Conduit system attributable to Joint Trencher‘s Licensee’s use of CPS Energy’s trenches. 11.3 District Poles or Conduit System. Should CPS Energy’s trenches District Poles be declared to contain Hazardous Substances, CPS Energy, Joint Trencher, and all other entities District shall share proportionately in be responsible for the cost of disposal of said its Poles and the remediation of any associated release of Hazardous Substances based on each entity's individual percentage use of same, Substances; provided, however, if the source or presence of the Hazardous Substance is solely attributable to any particular Licensee and/or other parties, such costs shall be borne solely by those Licensee and/or such other parties.

Environmental Hazards. 11.1 Joint Trencher Licensee represents and warrants that its use of CPS Energy’s trenches District Poles will not generate any Hazardous Substances, that it will not store or dispose on or about CPS Energy’s trenches District Poles or transport to CPS Energy’s trenches District Poles any Hazardous Substances, hazardous substances and that the facilities of Joint Trencher Licensee’s Communications Facilities 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. 11.2 Joint Trencher . “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, incineration or other disaster, Joint Trencher’s facilities will its Communications Facilities would not release such any Hazardous Substances. Joint Trencher, Licensee and its agents, contractors, contractors and subcontractors, subcontractors shall defend, indemnify and hold harmless CPS Energy the District 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 CPS Energythe District’s trenches Poles attributable to Joint Trencher‘s Licensee’s use of CPS Energythe District’s trenches. 11.3 Poles. Should CPS Energythe District’s trenches Poles be declared to contain Hazardous Substances, CPS Energythe District, Joint Trencher, and all other entities shall share proportionately in be responsible for the cost of disposal of said Hazardous Substances based on each entity's individual percentage use of same, providedits Pole. 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 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 District.

Environmental Hazards. 11.1 Joint Trencher Licensee represents and warrants that its use of CPS Energy’s trenches Poles will not generate any Hazardous Substances, that it will not store or dispose on or about CPS Energy’s trenches Poles or transport to CPS Energy’s trenches Poles any Hazardous Substances, hazardous substances and that the facilities of Joint Trencher Licensee’s Communications Facilities 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. 11.2 Joint Trencher . “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, incineration or other disaster, Joint Trencher’s facilities will its Communications Facilities would not release such any Hazardous Substances. Joint Trencher, Licensee and its agents, contractors, contractors and subcontractors, subcontractors shall defend, indemnify and hold harmless CPS Energy District 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 CPS Energy’s trenches Poles attributable to Joint Trencher‘s Licensee’s use of CPS Energy’s trenches. 11.3 Poles. Should CPS Energy’s trenches Poles be declared to contain Hazardous Substances, CPS EnergyDistrict, Joint Trencher, and all other entities shall share proportionately in be responsible for the cost of disposal of said Hazardous Substances based on each entity's individual percentage use of same, providedits pole. 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, 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 District.

Environmental Hazards. 11.1 Joint Trencher Licensee represents and warrants that its use of CPS Energy’s trenches Utility Poles will not generate any Hazardous Substances, that it will not store or dispose on or about CPS Energy’s trenches Utility Poles or transport to CPS Energy’s trenches Utility Poles any Hazardous Substances, hazardous substances and that the facilities of Joint Trencher Licensee’s Communications Facilities 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. 11.2 Joint Trencher . “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, incineration or other disaster, Joint Trencher’s facilities will its Communications Facilities would not release such any Hazardous Substances. Joint Trencher, Licensee and its agents, contractors, contractors and subcontractors, subcontractors shall defend, indemnify and hold harmless CPS Energy 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 ’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 CPS Energythe Utility’s trenches Poles attributable to Joint Trencher‘s Licensee’s use of CPS Energythe Utility’s trenches. 11.3 Poles. Should CPS Energythe Utility’s trenches Poles be declared to contain Hazardous Substances, CPS Energythe Utility, Joint Trencher, and all other entities shall share proportionately in be responsible for the cost of disposal of said Hazardous Substances based on each entity's individual percentage use of same, providedits Pole. 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. 11.1 Joint Trencher Licensee represents and warrants that its use of CPS Energy’s trenches Poles will not generate any Hazardous Substances, that it will not store or dispose on or about CPS Energy’s trenches Poles or transport to CPS Energy’s trenches Poles any Hazardous Substances, hazardous substances and that the facilities of Joint Trencher Licensee’s Communications Facilities 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. 11.2 Joint Trencher . “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, incineration or other disaster, Joint Trencher’s facilities will its Communications Facilities would not release such any Hazardous Substances. Joint Trencher, Licensee and its agents, contractors, contractors and subcontractors, subcontractors shall defend, indemnify and hold harmless CPS Energy District 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 CPS Energy’s trenches Poles attributable to Joint Trencher‘s Licensee’s use of CPS Energy’s trenches. 11.3 Poles. Contract Documents 160-10748 Should CPS Energy’s trenches Poles be declared to contain Hazardous Substances, CPS EnergyDistrict, Joint Trencher, and all other entities shall share proportionately in be responsible for the cost of disposal of said Hazardous Substances based on each entity's individual percentage use of same, providedits pole. 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, 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 District.

Environmental Hazards. 11.1 Joint Trencher Licensee represents and warrants that its use of CPS EnergyCity’s trenches Poles will not generate any Hazardous Substances, that it will not store or dispose on or about CPS EnergyCity’s trenches Poles/Conduit System or transport to CPS EnergyCity’s trenches Poles/Conduit System any Hazardous Substances, hazardous substances and that the facilities of Joint Trencher Licensee’s Communications Facilities 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. 11.2 Joint Trencher . “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, incineration or other disaster, Joint Trencher’s facilities will its Communications Facilities would not release such any Hazardous Substances. Joint Trencher, Licensee and its agents, contractors, contractors and subcontractors, subcontractors shall defend, indemnify and hold harmless CPS Energy City 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 CPS EnergyCity’s trenches Poles/Conduit System attributable to Joint Trencher‘s Licensee’s use of CPS EnergyCity’s trenches. 11.3 Poles or Conduit System. Should CPS EnergyCity’s trenches Poles be declared to contain Hazardous Substances, CPS EnergyCity, Joint Trencher, Licensee and all other entities Attaching Entities shall share proportionately in the cost of disposal of said Hazardous Substances the affected Poles based on each entity's ’s individual percentage use of same. For Attaching Entities, providedsuch percentage shall be derived from the sum of Assigned Space occupied by each Attaching Entity plus its share 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 any particular parties, such costs shall be borne solely by those parties.

Environmental Hazards. 11.1 Joint Trencher Licensee represents and warrants that its use of CPS Energy’s trenches Poles will not generate any Hazardous Substances, that it will not store or dispose on or about CPS Energy’s trenches Poles or transport to CPS Energy’s trenches Poles any Hazardous Substances, hazardous substances and that the facilities of Joint Trencher Licensee’s Communications Facilities 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. 11.2 Joint Trencher . “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, incineration or other disaster, Joint Trencher’s facilities will its Communications Facilities would not release such any Hazardous Substances. Joint Trencher, Licensee and its agents, contractors, contractors and subcontractors, subcontractors shall defend, indemnify and hold harmless CPS Energy District 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 CPS Energy’s trenches Poles attributable to Joint Trencher‘s Licensee’s use of CPS EnergyPoles. The foregoing shall not apply to commercially available products used in compliance with the manufacturer’s trenches. 11.3 recommendations and in compliance with federal, state, and local laws at the time the applicable Permit is approved. Should CPS Energy’s trenches Poles be declared to contain Hazardous Substances, CPS EnergyDistrict, Joint Trencher, and all other entities shall share proportionately in be responsible for the cost of disposal of said Hazardous Substances based on each entity's individual percentage use of same, providedits pole. 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, 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 District.

Environmental Hazards. 11.1 Joint Trencher Licensee represents and warrants that its use of CPS EnergyUtility’s trenches Poles will not generate any Hazardous Substances, that it will not store or dispose on or about CPS EnergyUtility’s trenches Poles, or transport to CPS EnergyUtility’s trenches Poles any Hazardous Substances, Substances and that the facilities of Joint Trencher 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. 11.2 Joint Trencher . “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, incineration or other disaster, Joint Trencher’s facilities will its Communications Facilities would not release such any Hazardous Substances. Joint Trencher, Licensee and its agents, contractors, contractors and subcontractors, subcontractors shall defend, indemnify and hold harmless CPS Energy Utility and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents, 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 ’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 CPS EnergyUtility’s trenches Poles attributable to Joint Trencher‘s Licensee’s use of CPS EnergyUtility’s trenches. 11.3 Poles , and/or the violation of Licensee’s representations provided herein Should CPS EnergyUtility’s trenches Poles be declared to contain Hazardous Substances, CPS EnergyUtility, Joint Trencher, Licensee and all other entities Attaching Entities shall share proportionately in the cost of disposal of said Hazardous Substances the affected Poles based on each entity's ’s individual percentage use of the same. For Attaching Entities, providedsuch percentage shall be derived from the sum of the space occupied by each Attaching Entity plus its share of the Common Space. For 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 any particular parties, such costs shall be borne solely by those parties.

Environmental Hazards. 11.1 Joint Trencher Licensee represents and warrants that its use of CPS Energy’s trenches City Facilities will not generate any Hazardous Substances, that it will not store or dispose on or about CPS Energy’s trenches City Facilities or transport to CPS Energy’s trenches City Facilities any Hazardous Substances, hazardous substances and that the facilities of Joint Trencher Licensee’s Attachment(s) 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. 11.2 Joint Trencher further represents . Notwithstanding the foregoing, Licensee shall be permitted to bring and warrants that keep on City Facilities equipment commonly used in the event of breakagetelecommunications industry, leakageincluding without limitation, incinerationelectrical 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, or other disastersimilar terms by any federal, Joint Trencher’s facilities will not release such Hazardous Substancesstate, or local laws, regulations or rules now or hereafter in effect including any amendments. Joint Trencher, Licensee and its agents, contractors, contractors and subcontractors, subcontractors shall defend, indemnify and hold harmless CPS Energy the City 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, or discovery storage of any Hazardous Substances on, under or adjacent to CPS Energy’s trenches City Facilities attributable to Joint Trencher‘s Licensee’s use of CPS Energy’s trenches. 11.3 Should CPS Energy’s trenches be declared City Facilities, except to contain Hazardous Substances, CPS Energy, Joint Trencher, and all other entities shall share proportionately in the cost of disposal of said Hazardous Substances based on each entity's individual percentage use of same, provided, however, if the source or presence extent of the Hazardous Substance is solely attributable City’s negligence or willful misconduct in connection with such liability. Licensor acknowledges that Licensee shall not be responsible for any contamination at City Facilities to any particular parties, such costs shall be borne solely the extent caused in whole or in part by those partiesLicensor or a third party.

Environmental Hazards. 11.1 Joint Trencher Licensee represents and warrants that its use of CPS EnergyUtility’s trenches Poles will not generate any Hazardous Substances, that it will not store or dispose on or about CPS EnergyUtility’s trenches Poles, or transport to CPS EnergyUtility’s trenches Poles, any Hazardous Substances, Substances and that the facilities of Joint Trencher Licensee’s Wireless Installations 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. 11.2 Joint Trencher . “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, incineration or other disaster, Joint Trencher’s facilities will its Wireless Installations would not release such any Hazardous Substances. Joint Trencher, Licensee and its agents, contractors, contractors and subcontractors, subcontractors shall defend, indemnify and hold harmless CPS Energy LP&L and its respective officials, officers, board members, council members, commissioners, representatives, employees, agents, 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 ’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 CPS EnergyUtility’s trenches Poles attributable to Joint Trencher‘s Licensee’s use of CPS EnergyUtility’s trenches. 11.3 Poles, and/or the violation of Licensee’s representations provided herein Should CPS EnergyUtility’s trenches Poles be declared to contain Hazardous Substances, CPS EnergyUtility, Joint Trencher, Licensee and all other entities Attaching Entities and Wireless Installers shall share proportionately in the cost of disposal of said Hazardous Substances the affected Poles based on each entity's ’s individual percentage use of the same. For Attaching Entities and Wireless Installers, providedsuch percentage shall be derived from the sum of the space occupied by each Attaching Entity plus its share of the Common Space. For 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 any particular parties, such costs shall be borne solely by those parties.

Environmental Hazards. 11.1 Joint Trencher Licensee represents and warrants that its use of CPS Energy’s trenches the Poles will not generate any Hazardous Substances, that it will not store or dispose on or about CPS Energy’s trenches the Poles or transport to CPS Energy’s trenches the Poles any Hazardous Substanceshazardous substances, and that the facilities of Joint Trencher 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 law, now or hereafter in effect, effect including any amendments. 11.2 Joint Trencher . “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, Joint Trencher’s facilities its Communications Facilities will not release such any Hazardous Substances. Joint Trencher, Licensee and its agents, contractors, and subcontractors, subcontractors shall defend, indemnify indemnify, and hold harmless CPS Energy Town 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 ’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 under, or adjacent to CPS Energy’s trenches the Poles attributable to Joint Trencher‘s Licensee’s use of CPS Energy’s trenches. 11.3 the Poles. Should CPS Energy’s trenches the Poles be declared to contain Hazardous Substances, CPS EnergyTown, Joint TrencherLicensee, and all other entities Attaching Entities shall share proportionately in the cost of disposal of said Hazardous Substances the affected Poles based on each entity's ’s individual percentage use of same. For Attaching Entities, such percentage shall be derived from the sum of Assigned Space occupied by each Attaching Entity plus its share of the Common Space. For 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 any particular parties, such costs shall be borne solely by those parties.

Environmental Hazards. 11.1 Joint Trencher Licensee represents and warrants that its use of CPS Energy’s trenches the Poles will not generate any Hazardous Substances, that it will not store or dispose on or about CPS Energy’s trenches the Poles or transport to CPS Energy’s trenches the Poles any Hazardous Substanceshazardous substances, and that the facilities of Joint Trencher 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 law, now or hereafter in effect, effect including any amendments. 11.2 Joint Trencher . “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, Joint Trencher’s facilities will its Communications Facilities would not release such any Hazardous Substances. Joint Trencher, Licensee and its agents, contractors, and subcontractors, subcontractors shall defend, indemnify indemnify, and hold harmless CPS Energy 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 ’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 under, or adjacent to CPS Energy’s trenches the Poles attributable to Joint Trencher‘s Licensee’s use of CPS Energy’s trenches. 11.3 the Poles. Should CPS Energy’s trenches the Poles be declared to contain Hazardous Substances, CPS EnergyUtility, Joint TrencherLicensee, and all other entities Attaching Entities shall share proportionately in the cost of disposal of said Hazardous Substances the affected Poles based on each entity's ’s individual percentage use of same. For Attaching Entities, such percentage shall be derived from the sum of Assigned Space occupied by each Attaching Entity plus its share of the Common Space. For 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 any particular parties, such costs shall be borne solely by those parties.

Environmental Hazards. 11.1 Joint Trencher Operator represents and warrants that its use of CPS Energy’s trenches KUB Infrastructure will not generate any Hazardous Substances, that it will not store or dispose on or about CPS Energy’s trenches KUB Infrastructure or transport to CPS Energy’s trenches KUB Infrastructure any Hazardous Substances, and that the facilities of Joint Trencher Operator’s Attachments will not constitute or contain and will not generate any Hazardous Substance Substances in violation of federal, state, state or local law now or hereafter in effect, including any amendments. 11.2 Joint Trencher . “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. Operator further represents and warrants that in the event of breakage, leakage, incineration, incineration or other disaster, Joint Trencher’s facilities will its Attachments would not release such any Hazardous Substances. Joint Trencher, Operator and its agents, contractors, contractors and subcontractors, subcontractors shall defend, indemnify and hold harmless CPS Energy KUB 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 CPS EnergyKUB’s trenches Infrastructure attributable to Joint Trencher‘s Operator’s use of CPS EnergyKUB’s trenches. 11.3 Infrastructure, provided that Operator shall not be liable for any such claims, demands or causes of action to the extent arising from the gross negligence or intentional misconduct of KUB, its commissioners, officers, employees or agents. Should CPS EnergyKUB’s trenches Infrastructure be declared to contain Hazardous Substances, CPS EnergyKUB, Joint TrencherOperator, and all other entities attaching Users shall share proportionately proportionally in the cost of disposal of said Hazardous Substances the affected Infrastructure based on each entity's User’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. For Users/Operators, such percentage shall be derived from the sum of space occupied by each User plus its share of the support space, including the NESC Communication Worker Safety Zone. For KUB, such percentage shall be equal to the space above the NESC Communication Worker Safety Zone plus its share of the support space.

Environmental Hazards. 11.1 Joint Trencher Licensee represents and warrants that its use of CPS EnergyUtility’s trenches Poles will not generate any Hazardous Substances, that it will not store or dispose on or about CPS EnergyUtility’s trenches Poles/Conduit System or transport to CPS EnergyUtility’s trenches Poles/Conduit System any Hazardous Substances, hazardous substances and that the facilities of Joint Trencher Licensee’s Communications Facilities 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. 11.2 Joint Trencher . “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, incineration or other disaster, Joint Trencher’s facilities will its Communications Facilities would not release such any Hazardous Substances. Joint Trencher, Licensee and its agents, contractors, contractors and subcontractors, subcontractors shall defend, indemnify and hold harmless CPS Energy 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 ’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 CPS EnergyUtility’s trenches Poles/Conduit System attributable to Joint Trencher‘s Licensee’s use of CPS EnergyUtility’s trenches. 11.3 Poles or Conduit System. Should CPS EnergyUtility’s trenches Poles be declared to contain Hazardous Substances, CPS EnergyUtility, Joint Trencher, Licensee and all other entities Attaching Entities shall share proportionately in the cost of disposal of said Hazardous Substances the affected Poles based on each entity's ’s individual percentage use of same. For Attaching Entities, providedsuch percentage shall be derived from the sum of Assigned Space occupied by each Attaching Entity plus its share 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 any particular parties, such costs shall be borne solely by those parties.

Environmental Hazards. 11.1 Joint Trencher Licensee represents and warrants that its use of CPS EnergyUtility’s trenches Poles will not generate any Hazardous Substances, that it will not store or dispose on or about CPS EnergyUtility’s trenches Poles or transport to CPS EnergyUtility’s trenches Poles any Hazardous Substances, hazardous substances and that the facilities of Joint Trencher 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. 11.2 Joint Trencher . ―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, Joint Trencher’s facilities will its Communications Facilities would not release such any Hazardous Substances. Joint Trencher, Licensee and its agents, contractors, and subcontractors, subcontractors shall defend, indemnify indemnify, and hold harmless CPS Energy 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, or 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, or discovery of any Hazardous Substances on, under under, or adjacent to CPS EnergyUtility’s trenches Poles attributable to Joint Trencher‘s Licensee’s use of CPS EnergyUtility’s trenches. 11.3 Poles. Should CPS EnergyUtility’s trenches Poles be declared to contain Hazardous Substances, CPS EnergyUtility, Joint TrencherLicensee, and all other entities Attaching Entities shall share proportionately in the cost of disposal of said Hazardous Substances the affected Poles based on each entity's ’s individual percentage use of same. For Attaching Entities, providedsuch percentage shall be derived from the sum of space occupied by each Attaching Entity plus its share of the common space, howeverincluding the NESC safety space. For Utility, 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 any particular parties, such costs shall be borne solely by those parties.

Environmental Hazards. 11.1 Joint Trencher represents and warrants that its use of CPS Energy’s 's trenches will not generate any Hazardous Substances, that it will not store or dispose on or about CPS Energy’s 's trenches or transport to CPS Energy’s 's trenches any Hazardous Substances, and that the facilities of Joint Trencher 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. 11.2 Joint Trencher further represents and warrants that in the event of breakage, leakage, incineration, or other disaster, Joint Trencher’s 's facilities will not release such Hazardous Substances. Joint Trencher, and its agents, contractors, and subcontractors, shall defend, indemnify and hold harmless CPS Energy 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 CPS Energy’s 's trenches attributable to Joint Trencher‘s Trencher's use of CPS Energy’s 's trenches. 11.3 Should CPS Energy’s 's trenches be declared to contain Hazardous Substances, CPS Energy, Joint Trencher, and all other entities shall share proportionately in the cost of disposal of said 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 partiesentities.

Environmental Hazards. 11.1 Joint Trencher Licensee represents and warrants that its use of CPS Energy’s trenches Poles will not generate any Hazardous Substances, that it will not store or dispose on or about CPS Energy’s trenches Poles or transport to CPS Energy’s trenches Poles any Hazardous Substances, hazardous substances and that the facilities of Joint Trencher Licensee’s Communications Facilities 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. 11.2 Joint Trencher . “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, incineration or other disaster, Joint Trencher’s facilities will its Communications Facilities would not release such any Hazardous Substances. Joint Trencher, Licensee and its agents, contractors, contractors and subcontractors, subcontractors shall defend, indemnify and hold harmless CPS Energy Grant PUD 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 CPS Energy’s trenches Poles attributable to Joint Trencher‘s Licensee’s use of CPS EnergyPoles. The foregoing shall not apply to commercially available products used in compliance with the manufacturer’s trenches. 11.3 recommendations and in compliance with federal, state, and local laws at the time the applicable Permit is approved. Should CPS Energy’s trenches Poles be declared to contain Hazardous Substances, CPS EnergyGrant PUD, Joint Trencher, and all other entities shall share proportionately in be responsible for the cost of disposal of said Hazardous Substances based on each entity's individual percentage use of same, providedits pole. 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, ▇▇▇▇▇ ▇▇▇ 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 ▇▇▇▇▇ ▇▇▇.