(A) Construction or any line extensions are contingent upon assistance by the applicant, customer or developer for service in securing the necessary easements, permission for clearing/site preparation and/or other necessary permits. Avilla shall be under no obligation to start construction in the event such easements or permits are not secured at the start of scheduled starting date for construction.
(B) Customer or developer shall obtain, on forms provided by or approved by Avilla, all necessary easements in, on, over or through private property for the installation and maintenance of all poles, wires, transformers, conduit, or other equipment necessary or convenient for supply of service to such customer.
(C) Avilla shall have the right to install, construct and operate such poles, wires, fixtures and other equipment (overhead and underground) on customer’s or developer’s property and shall have the right to maintain such poles, wires, fixtures and other equipment including the right to control vegetation (remove trees, brush and vines, or trim selected trees at Avilla’s discretion) located on customer’s or developer’s property, as, in Avilla’s judgment, are reasonably necessary to the installation, operation and maintenance of such facilities.
(D) Customer or developer hereby agrees to indemnify and save Avilla harmless from any and all claims, including the expenses incurred by Avilla to defend itself against such claims, resulting from or arising out of the failure of customer or developer to secure such right, license, permit or easement for the construction or maintenance of Avilla’s facilities, the loss of right-of-way or property owner consent, or of the costs of relocating any of Avilla’s facilities. As applicable, all of the terms of the indemnity set forth in these Rates, Rules & Regulations are incorporated herein and shall apply with equal force to the indemnity set forth herein.
(Ord. 1406-6-02, passed 6-18-2002)