Fill and Sign the Indefeasible Right of Use Agreement Secgov Form

Page 1 of 2 JOINT USE AGREEMENT (Powerline Easement for Fiber Optic Communications System) STATE: COUNTY: This Agreement is between _____ (the “Grantor”), whose address is _____, and _____ (the “Grantee”), whose address is _____. Grantor owns an easement for electric power lines located _____. Grantee desires to construct a fiber optic communications system parallel to and within Grantor’s right of way through _____ County, _____. Grantee has requested that Grantor consent to and approve the joint use of a portion of Grantor’s right of way. For valuable consideration paid by Grantee, the receipt of which is acknowledged, Grantor grants to Grantee, its successors and assigns, subject to the terms and conditions of thi s Agreement, the right to jointly use a portion of Grantor’s existing right of way situated i n _____ County, _____, more particularly shown on Exhibit “A” attached to and made a part of this Agreement. Grantee’s joint use of right of way (“Joint Right of Way”) shall be restricted and limi ted to a strip of land _____ feet in width and _____ feet in length lying (location within right of way) , also shown on Exhibit “A.” Grantee’s use of Grantor’s right of way shall be subject to the following terms and conditions: 1. Grantor makes no claim as to easement or land rights, or the rights to convey or assign those rights. Grantor grants all rights without warranty of any kind, and Grantee assumes all liability with regard to the construction, operation, and maintenance of the fiber optic system. 2. Grantee’s fiber optic cable and other facilities shall be located generally along the centerline of the Joint Right of Way that is the subject of this Agreement. 3. The cable and all facilities shall be buried at least _____ inches below the surface of the ground. 4. Either party may remove from the Joint Right of Way trees, brush, or other vegetation, and may remove any debris, structures, and property not otherwise permitted under the terms of this Agreement. Page 2 of 2 5. Grantor shall have full and exclusive control over the Joint Right of Way with the authority to permit or deny any encroachment on it or use made of it, provided any encroachment or use does not unreasonably interfere with or endanger Grantee’s (type of facility or system) or result in a violation of any regulations governing (type of facility or system) . 6. Grantee will maintain in force, the following insurance: a. Worker’s Compensation Insurance; and, b. Commercial or Comprehensive General Liability Insurance. On request, Grantee will deliver to Grantor certificates of insurance evidencing the insurance coverage required above. 7. Grantee agrees to indemnify and hold Grantor harmless from and against any claim or liability or loss from personal injury or property damage resulting from or arising out of the use of the Joint Right of Way and the improvements on it by Grantee, its servants, agents, or subcontractors, and the installation, use, maintenance, repair, or removal of the improvements by Grantee and persons acting on its behalf; excepting, however, claims, liabilities, or damages as ma y be due to or caused by the acts of Grantor, or its servants, agents, or subcontractors. 8. Grantor agrees to indemnify and hold Grantee harmless from and against any claim or liability or loss from personal injury or property damage resulting from or arising out of the use of the Joint Right of Way by Grantor, its servants, agents or subcontractors, and such persons acting on its behalf; excepting, however, claims, liabilities, or damages as may be due to or caused by the acts of Grant ee, or its servants, agents, or subcontractors. 9. The restrictions on Grantee’s use of the Joint Right of Way shall remain in effec t for so long as Grantor shall maintain its right of way for electric power lines or maintain the Joint Right of Way as a right of way for any purpose. Date: Grantor Grantee (Acknowledgments) Exhibit “A”: