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