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17. Permittee is aware that underground fiber optic communication cables, in addition to other <br /> underground utilities, may have been installed on the Permitted Property, it is the <br /> Permittee's sole responsibility, at the Permittee's sole expense, to properly locate and <br /> protect these and all utilities. <br /> 18. At all times during its occupancy of the Permitted Property, Permittee shall be responsible <br /> for 100 percent of the expense of maintaining the Permitted Property and keeping any <br /> permitted landscaping in good repair. Permittee shall use reasonable precaution to prevent <br /> waste, damage, or injury; and shall modify, repair, or replace permitted plantings and <br /> landscaping as necessary during the term of the Permit. <br /> 19. At no time in exercising the rights granted in this Permit shall Permittee and Permittee's <br /> volunteers and employees be considered employees of HCRRA, nor shall they be <br /> considered covered volunteers or other covered third parties under the Workers' <br /> Compensation Act of Minnesota, nor in any other manner be the obligation or responsibility <br /> of HCRRA. Nor shall HCRRA be responsible for the actions of Permittee and Permittee's <br /> volunteers and employees. <br /> 20. Permittee shall be solely responsible for payment and satisfaction of any claims for work <br /> performed on the Permitted Property and any claims for plantings, landscaping, materials <br /> and any other equipment or materials furnished pursuant to this Permit and shall promptly <br /> remedy any claim for which a mechanic's lien is asserted. <br /> 21. Permittee shall defend, indemnify and hold harmless HCRRA, its commissioners, officers, <br /> agents and employees from any liability, claims, damages, costs, judgments or expenses, <br /> including reasonable attorney's fees, resulting directly or indirectly from any act or omission <br /> of Permittee, its contractors, subcontractors, officers, agents, employees, volunteers, <br /> customers or invitees arising out of the work permitted to be done herein and the continuing <br /> uses permitted, including but not limited to the placement, construction, reconstruction, <br /> maintenance, relocation and other use of the Permitted Property under this Permit. <br /> This Permit is revocable at any time and at the sole discretion of HCRRA and without any <br /> compensation to Permittee. <br /> THIS PORTION OF THE PAGE IS INTENTIONALLY LEFT BLANK <br /> 4 <br />