No Representation or Warranties. CENTRAL ▇▇▇▇▇▇ DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE PRESENT OR FUTURE STRENGTH, CONDITION, OR STATE OF REPAIR OF ANY POLES, GUYS, ANCHORS, WIRES, OR APPARATUS. LICENSEE SHALL BY TEST OR OBSERVATION DETERMINE WHETHER THE POLES ARE SAFE TO CLIMB AND WHETHER THEY ARE ADEQUATE TO SUPPORT LICENSEE'S ATTACHMENTS. IF THROUGH SUCH TEST OR OBSERVATION, LICENSEE DETERMINES THAT THE INTEGRITY OR SAFETY OF ANY POLE OR OTHER CENTRAL ▇▇▇▇▇▇ FACILITY IS IN QUESTION OR A POLE OR OTHER CENTRAL ▇▇▇▇▇▇ FACILITY IS MARKED BY CENTRAL ▇▇▇▇▇▇ AS UNSAFE, LICENSEE SHALL CONFIRM SAID CONDITION WITH CENTRAL ▇▇▇▇▇▇ IN WRITING AND VERBALLY. THEREAFTER, UNLESS INFORMED IN WRITING BY CENTRAL ▇▇▇▇▇▇ THAT SAID POLE IS SAFE TO CLIMB AND SUITABLE TO BEAR LICENSEE'S FACILITIES, LICENSEE SHALL REFRAIN FROM: (I) ASCENDING THAT POLE, (II) MAKING ANY ATTACHMENT TO THAT POLE, (III) OVERLASHING TO A MESSENGER ATTACHED TO THAT POLE OR (IV) ATTACHING ANY EQUIPMENT TO ANY CABLE ATTACHED TO THAT POLE. TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL ASSUME ALL RISK OF LOSS TO ANY PERSON(S) WHO MAY BE INJURED OR ANY PROPERTY THAT MAY BE DAMAGED AS A RESULT OF ANY SUCH ACTION AND SHALL INDEMNIFY AND DEFEND AND HOLD CENTRAL ▇▇▇▇▇▇ AND ITS JOINT OWNERS FREE AND HARMLESS FROM ANY SUCH DAMAGES, LOSSES AND/OR LIABILITIES ASSOCIATED THEREWITH OR ARISING THEREBY EXCEPT FOR SUCH LOSSES AS MAY BE CAUSED BY CENTRAL ▇▇▇▇▇▇'▇ SOLE NEGLIGENCE.
Appears in 3 contracts
Sources: Pole Attachment Agreement, Pole Attachment Agreement, Pole Attachment Agreement
No Representation or Warranties. CENTRAL ▇▇▇▇▇▇ LICENSOR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE PRESENT OR FUTURE STRENGTH, CONDITION, OR STATE OF REPAIR OF ANY POLES, GUYS, ANCHORS, WIRES, OR APPARATUS. LICENSEE SHALL BY TEST OR OBSERVATION DETERMINE WHETHER THE POLES ARE SAFE TO CLIMB AND WHETHER THEY ARE ADEQUATE TO SUPPORT LICENSEE'S ATTACHMENTS. IF THROUGH SUCH TEST OR OBSERVATION, LICENSEE DETERMINES THAT THE INTEGRITY OR SAFETY OF ANY POLE OR OTHER CENTRAL ▇▇▇▇▇▇ LICENSOR FACILITY IS IN QUESTION OR A POLE OR OTHER CENTRAL ▇▇▇▇▇▇ LICENSOR FACILITY IS MARKED BY CENTRAL ▇▇▇▇▇▇ LICENSOR AS UNSAFE, LICENSEE SHALL CONFIRM SAID CONDITION WITH CENTRAL ▇▇▇▇▇▇ LICENSOR IN WRITING AND VERBALLY. THEREAFTER, UNLESS INFORMED IN WRITING BY CENTRAL ▇▇▇▇▇▇ LICENSOR THAT SAID POLE IS SAFE TO CLIMB AND SUITABLE TO BEAR LICENSEE'S FACILITIES, LICENSEE SHALL REFRAIN FROM: (I) ASCENDING THAT POLE, (II) MAKING ANY ATTACHMENT TO THAT POLE, (III) OVERLASHING TO A MESSENGER ATTACHED TO THAT POLE OR (IV) ATTACHING ANY EQUIPMENT TO ANY CABLE ATTACHED TO THAT POLE. TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL ASSUME ALL RISK OF LOSS TO ANY PERSON(S) WHO MAY BE INJURED OR ANY PROPERTY THAT MAY BE DAMAGED AS A RESULT OF ANY SUCH ACTION AND SHALL INDEMNIFY AND DEFEND AND HOLD CENTRAL ▇▇▇▇▇▇ LICENSOR AND ITS JOINT OWNERS FREE AND HARMLESS FROM ANY SUCH DAMAGES, LOSSES AND/OR LIABILITIES ASSOCIATED THEREWITH OR ARISING THEREBY EXCEPT FOR SUCH LOSSES AS MAY BE CAUSED BY CENTRAL ▇▇▇▇▇▇'▇ LICENSOR'S SOLE NEGLIGENCE.
Appears in 1 contract
Sources: Pole Attachment Agreement