The permittee shall not interfere with any existing facility without the written consent of the Director and the owner of the facility. If it becomes necessary to relocate an existing facility to accommodate the excavation, this shall be done by the permittee under the facility owner's direction. No facility owned by the Town shall be moved to accommodate the permittee unless the cost of such work be borne by the permittee. The cost of moving privately owned facilities shall be similarly borne by the permittee unless it makes other arrangements with the person owning the facility. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires, cables, and other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain, and protect them under, over, along, and across the excavation work. The permittee shall secure approval of method of support and protection from the owner of the facility. In case any pipes, conduits, poles, wires, cables, lines, or apparatus are damaged, and for this purpose, pipe coating or other encasement or devices are to be considered as part of the substructure, the permittee shall promptly notify the owner thereof. All damaged facilities shall be repaired by the agency or person owning them, and the expense of any repairs shall be borne by the permittee. It is the intent of this paragraph that the permittee shall assume all liability for damages to facilities and any resulting damage or injury to anyone because of facility damage, and such assumption of liability is a contractual obligation of the permittee. The only exception will be instances where damage is exclusively due to the negligence of the owning utility. The Town shall not be made a party to any action because of this section, and permittee's signature on the permit application shall constitute the permittee's release of the Town from liability. The permittee shall inform itself as to the existence and location of all underground facilities and protect the same against damage. (Ord. 2019-09, 5-9-2019)