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Xcel y Ener sM g OUTDOOR LIGHTING 1971 Gateway Boulevard Arden Hills, Minnesota 55112-2750 In this agreement,Northern States Power Company d/b/a Xcel Energy is called"Xcel Energy" and the Customer is called"I" or"my".Customer and Xcel Energy agree to the following terms and conditions: 1. Request for Outdoor Lighting Services. I request that Xcel Energy install outdoor lighting at the location designated above and/or the approximate location as shown on the attached exhibit. I grant Xcel Energy any right,privilege and easement to install,operate and maintain its underground facilities on the property. 2. Installation Requirements.I agree that,prior to Xcel Energy starting work: (1)the route of Xcel Energy's service installation shall be accessible to Xcel Energy's equipment; (2) I will remove all obstructions from the route at no cost or expense to Xcel Energy;(3) I will clearly mark all septic tanks, drain-fields,sprinkler systems,water wells,owner-installed electric or pipeline facilities,or other customer-owned facilities in the installation route; and(4) the ground elevation along the route shall not be above or more than four inches below the final grade. Xcel Energy will contact Gopher State One Call to locate 3rd party utility facilities (phone,cable, etc.) on my property.I agree Xcel Energy is not responsible for damage to customer-owned underground facilities not marked at the time of outdoor lighting service installation. 3. Installation Cost Contribution. I agree to pay an installation cost contribution provided in Project Charges on page one. I understand that I am responsible for any additional installation costs incurred by Xcel Energy because of(1) soil conditions that impair the installation of underground facilities, such as rock formations, etc., and(2) sidewalks,curbing,black top,paving, sod or other landscaping and obstructions along the cable route,such as extensive existing underground facilities, etc. 4. Winter Construction Charges. I understand Winter Construction Charges may apply if underground facilities are installed between October 1 and April 15.When construction scheduling does not permit installation of underground facilities to be completed prior to October 1 or after April 15 and Xcel Energy determines winter conditions exist,I agree to pay Winter Construction Charges if I request Xcel Energy to complete the construction during aforementioned time. Xcel Energy will agree to complete installation at my request if winter condition exists with a frost line of less than 6 inches. If winter conditions exist with a frost line 6 inches or above,construction will be scheduled for after April 15. 5. Restoration.Xcel Energy will restore the boulevard and will backfill the service trench on my property with existing soil so the trench is level and dean. I am responsible for the final compacting,loam, seeding,sod or watering of service trench at my expense. I will also be responsible for restoration in areas where I have exposed my underground facilities listed above. 6. Relocating Facilities. I agree to pay the cost of relocating any portion of said underground facilities made to accommodate me or required due to altering of grade,additions to structures,installations of patios,decks, gardens, sidewalks,curbing,paving, blacktop,sod,landscaping or any other condition which makes maintenance of the Xcel Energy's facilities impractical. 7. Ownership of Facilities. The entire ornamental streetlight system including underground cables, conduit,posts,lamps, ballast,starters,photocells, and glassware installed by Xcel Energy,shall be the property of Xcel Energy.I have no ownership interests or rights in these facilities.Any payments I make or my contractor shall not give entitlement to any ownership interest or rights therein. Xcel Energy Proprietary&Confidential Page 2 of 2 11/20/01