5.4. ERMUSR 07-12-2011 - Laserfiche WebLink

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ii. Licensee shall deposit with Owner such amount as Owner shall determine, in its sole discretion, as necessary to secure Owner for any damage to Owner's poles or other equipment caused by the installation and not corrected by Licensee. d. Following the approval of plans and the payment of amounts due, Licensee may proceed with installation of the Communications Equipment on such terms and schedule as Owner shall approve in a written approval to proceed. e. All Communication Equipment shall be installed to the satisfaction of ERMU, in its sole discretion. Licensee shall make any corrections, repairs or replacements to the Communications Equipment required by Owner and shall not put the Communications Equipment into service until Owner has issued its written approval of the installation. Licensee shall also be responsible for the repair of any damage to Owner's poles or equipment occurring during the installation. f. Following approval by Owner of the installation of the Communication Equipment, Owner shall calculate the actual costs of the installation to be allocated to Licensee. If the costs allocated to Licensee are less than the amount pre-paid by Licensee, Owner shall refund Licensee any amounts due within 30 days. If the costs allocated to Licensee are more than the amount pre-paid by Licensee, licensee shall pay all additional amounts due within 30 days of notice from Owner of those amounts. g. Owner shall also return to Licensee any amount of the deposit submitted by Licensee not required by Owner to repair poles or equipment damaged during the installation. 8. Termination of Use. If Owner desires at any time to abandon any pole, it shall give Licensee notice in writing to that effect at least ninety (90) days prior to the date on which Owner intends to discontinue use of the pole. Licensee shall thereupon remove its Communication Equipment from the pole no later than ten (10) days before expiration of the notice period. Licensee may at any time discontinue the use of any pole by removing any and all attachments it may have thereon. If Owner determines, in its sole discretion, that the abandoned pole may stay in place, Owner and Licensee may, if they both desire to, enter into negotiations for sale of the abandoned pole to Licensee and the terms of a License Agreement for Licensee's use of the right of way or property where the pole is located. The Owner of the right of way or property where the pole is located shall be a party to any such agreement. 9. Covenant to Hold Harmless. Licensee agrees to hold harmless and defend Owner against any liability for damages, including reasonable attorney's fees and costs, to any person or property related to Licensees installation, operation and/or maintenance of Communications Equipment on Owner's poles. Owner shall not be liable to Licensee, its agents, employees or representatives, nor to any other person for any personal injury, death or damage to property, Page 4 of 5