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3 of 4 10. LIMITATION OF LIABILITY; INDEMNITY. Requestor shall indemnify, defend and hold Xcel Energy, its agents, employees, and affiliates harmless from any cost, liability, damage, loss, claim, action or proceeding whatsoever for injury to persons (including death) or damage to property which may arise from or be claimed to have arisen from Requestor’s exercise of the rights granted in this Consent. Requestor, on behalf of itself, its successors, assigns, and representatives, hereby releases Xcel Energy from any liability for damages incurred by Requestor, its successors, assigns, representatives, employees, agents, or those under its control arising from (1) Xcel Energy’s use and improvement of the Easement Area for its business purposes, (2) the existing condition of the Easement Area, (3) Xcel Energy’s future installations, (4) Xcel Energy’s actions reasonably necessary to protect its property during emergency conditions, or (5) Xcel Energy’s exercise of its rights to remove improvements, grading or other work installed within the Easement Area by or on behalf of Requestor without Xcel Energy’s prior approval. 11. Unless otherwise provided for as part of the conditions for approval, throughout the time Requestor is conducting work on the Easement Area, Requestor shall insure that any contractor conducting said work shall maintain and provide evidence to Xcel Energy of insurance coverage at least equivalent to the following or Requestor shall provide, at Requestor’s expense, the following coverage: a. Worker’s Compensation at statutory limits with Employers Liability coverage of at least $100,000 limits if such party is at any time during the term of this Consent subject to the requirements of any applicable law governing worker’s compensation. b. Comprehensive General Liability Coverage, (including blanket contractual liability) against claims for bodily injury, death and property damage, including environmental damage, arising out of such party’s operations, affording combined single limit protection of One Million Dollars ($1,000,000) with respect to personal injury or death and property damage, including environmental damage. All policies shall be endorsed to (1) name Xcel Energy its directors, officers, employees and affiliates as additional insured with respect to any and all bodily injury and/or property damage, and (2) to require thirty (30) days written notice be given to Xcel Energy prior to any cancellation or material changes in the policy. [The balance of the page is left intentionally blank]