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4 <br />AEP agrees that it will not store any supplies, materials, goods, or personal property of <br />any kind in the City Easement without the prior written consent of the City. In addition, <br />AEP will not cause or permit, knowingly or unknowingly, any hazardous material to be <br />brought or remain upon, kept, used, discharged, leaked, or emitted on or in the City <br />Easement. <br />7.0 Backfill Precautions <br />In the event of any repair or maintenance work conducted by AEP in the AEP Easement <br />and/or in the R/W Area and that is (a) adjacent to City infrastructure in the City <br />Easement, and (b) requiring the use of backfill, the following shall apply: <br />(1) In regard to the installation, maintenance, and/or repair of AEP’s <br />transmission structures (including poles), AEP shall comply with AEP’s <br />Construction Specifications and applicable standards in regard to the <br />appropriate backfill to be used around AEP’s transmission structures; and, <br /> <br />(2) In regard to the removal of any AEP transmission structures, AEP shall <br />comply with the City’s prevailing Construction Standards and <br />Specifications in regard to permissible backfill to be used for such work. <br />8.0 City Not Liable <br />AEP understands and agrees that the City shall not be liable for any loss, damage, <br />destruction, or theft of AEP’s property or any bodily harm or injury that may result from <br />AEP’s use of the AEP Easement. AEP understands and agrees that it will at all times be <br />solely responsible for the safety and security of all persons, property, and vehicles <br />(including any property contained within the vehicles) which AEP allows within the AEP <br />Easement. <br />9.0 AEP Liability; Repairs to City Easements; Excavation by City <br />AEP shall be liable for any and all damages to the City infrastructure caused by AEP, <br />AEP’s contractors and agents, or any other person or entity performing work on behalf <br />of AEP. AEP shall also repair and restore to its prior existing condition, at no cost to the <br />City, any and all areas within the City Easement and R/W Area that were or are disturbed <br />by any construction performed or authorized by AEP. AEP also agrees that, in the event <br />of an emergency only, the City, or its contractor(s), may immediately perform excavation <br />in proximity to the foundations of the AEP poles located in the AEP Easement and that, <br />upon notification from the City, AEP shall use its best efforts to provide an AEP <br />representative to be present for such work, in order to provide support, stabilization or <br />other assistance needed for the AEP overhead wires, conductors, cables, and appurtenant <br />equipment, and AEP’s poles or structures, during such emergency work.