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PERFORMANCE OF WORK
<br />In consideration of the compensation referred to above, PSCo and City mutually agree to the following:
<br />PSCo shall complete the work necessary to relocate and replace PSCo's electric transmission line structure
<br />(86), approximately 10 feet north of its current position, including any restoration of PSCo's facilities and
<br />right-of-way in a safe, efficient, and economical manner as conditions permit, giving due regard to soil and
<br />weather conditions, and other matters affecting the construction which are beyond the reasonable control
<br />of PSCo.
<br />City shall prepare certified legal descriptions and drawings as deemed necessary by PSCo for
<br />easement(s) for the new facilities throughout the entire area of City's property or adjacent property as
<br />needed, and shall grant such easements(s) to PSCo or obtain the same in favor of PSCo in the form
<br />shown on Exhibit B attached hereto and incorporated herein. Such grant(s) shall be made to PSCo before
<br />commencement of the construction of the Project.
<br />PSCo and City shall coordinate the work in order to avoid conflict with any other contractors who may be
<br />working in the immediate area. City agrees that no construction will interfere with or detour the progress
<br />of the Project.
<br />City shall obtain such permission and permits as may be necessary to accomplish the Project.
<br />City agrees and understands that if PSCo has constructed natural gas gathering, storage, transmission,
<br />distribution, or related facilities on the right-of-way, City has been fully advised by PSCo that such natural gas
<br />facilities may now transport and may continue to transport natural gas at significant pressures. City shall
<br />advise all of its employees, agents, contractors, and other persons who enter upon the right-of-way, pursuant
<br />to the provisions of this agreement, of the existence and nature of such natural gas facilities and the danger
<br />and risk involved.
<br />City has been fully advised by PSCo that the natural gas facilities of PSCo, if located on the right-of-way, may
<br />be subject to cathodic protection by rectifier and related anode beds. PSCo shall not be liable for stray
<br />current or interfering signals induced in the right-of-way as a result of the operating of PSCo's cathodic
<br />protection system.
<br />City agrees and understands that if PSCo has constructed electric power generation, transmission,
<br />distribution, or related facilities on the right-of-way, City has been fully advised by PSCo that such electric
<br />facilities may now transmit and may continue to transmit electric current at significant voltages, and that the
<br />conductors on electric lines may not be insulated. City shall advise all of its employees, agents, contractors,
<br />and other persons who enter upon the right-of-way, pursuant to the provisions of this agreement, of the
<br />existence and nature of such electric facilities and the potential danger and risk involved.
<br />As used in this agreement, the term "Claims" means (1) losses, liabilities, and expenses of any sort, including
<br />attorneys' fees; (2) fines and penalties; (3) environmental costs, including, but not limited to, investigation,
<br />removal, remedial, and restoration costs, and consultant and other fees and expenses; and (4) any and all
<br />other costs or expenses.
<br />As used in this agreement, the term "Injury" means (1) death, personal injury, or property damage; (2) loss of
<br />profits or other economic injury; (3) disease or actual or threatened health effect; and (4) any consequential
<br />or other damages.
<br />To the extent permitted by law, City covenants and agrees to at all times protect, indemnify, hold harmless,
<br />and defend PSCo, its directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and
<br />affiliates (the "Indemnified Parties") from and against any and all Claims arising from, alleged to arise from, or
<br />related to any Injury allegedly or actually occurring, imposed as a result of, arising from, or related to (1) this
<br />agreement; (2) the construction, existence, maintenance, operation, repair, inspection, removal,
<br />replacement, or relocation of the electric power generation, transmission, or distribution; natural gas
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