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against any loss occasioned by damage to the Coddle Creek water supply or <br />otherwise arising out of Level 3's construction, installation, maintenance, or repair <br />of the telecommunications _system across that certain land in Cabarrus County <br />which is more specifical!y described in paragraph !(e) below. Certificates <br />assuring such coverage for a period of ten years from the date hereof will be <br />provided to the County. <br /> <br />(e) <br /> <br />Level 3 hereby covenants and agrees that the County and WSACC will not be <br />held liable for any negligent damage to Level 3's telecommunications system <br />occasioned by actions or inactions of agents, servants, or employees of the County <br />or WSACC in those areas where Level 3's telecommunications system crosses <br />property owned in fee by the County. There are two such areas: (i) an area under <br />the bridge where NC Highway 136 crosses Coddle Creek Reservoir, and (ii) that <br />property across which the County, pursuant to paragraph 200) of this Agreement, <br />agrees to provide a right of way to Level 3. This Agreement to absolve the <br />County and WSACC of negligent damage to Level 3's telecommunications <br />system shall not, however, apply to damage occasioned by the gross negligence or <br />any deliberate act of the County or WSACC or any County or WSACC employee <br />or agent. <br /> <br />Agreements of County. <br /> <br />(a) <br /> <br />The County will permit Level 3 to proceed immediately (on July 10, 2000 or as <br />soon thereafter as Level 3 may elect) to commence and continue uninterrupted <br />until completion, with the construction of its telecommunications system in all <br />locations in Cabarrus County, and agrees that there are, and shall be, no <br />County-imposed restrictions on such construction, provided such construction is <br />completed in a reasonable manner, in accordance with applicable state and federal <br />law, and (with regard to the lands belonging to the County and located within the <br />Coddle Creek Watershed Overlay District), in accordance with the letter from Jay <br />Shive to Fletcher L. Hartsell, Jr., dated June I, 2000, and attached hereto. The <br />County acknowledges that all conditions precedent to the construction and use of <br />the proposed Level 3 telecommunications system imposed by zoning and soil and <br />sediment regulations of the County or otherwise imposed by County regulation <br />have been satisfied. While the County agrees to uniformly apply any and all <br />applicable County regulations with regard to Level 3's installation and use of its <br />telecommunications system, it is expressly agreed and understood by Level 3 that <br />the County can not and does not waive its police power. <br /> <br />(b) <br /> <br />The County wilI execute and deliver to Level 3, coincident with Level 3's <br />payment of the amounts reflected in paragraph l(b) and (c), the RIGHT OF WAY <br />AND EASEMENT AGREEMENT attached hereto and incorporated herein by <br />reference. <br /> <br />(c) <br /> <br />The County agrees that the amounts to be paid by Level 3 pursuant to paragraph <br />1 (b) and (c) above shall be held in escrow pursuant to paragraph 3 hereof. <br /> <br /> (d) No agreement by the County is intended to prevent the County from imposing <br /> reasonable ad valorem taxes on the property of Level 3 at reasonable levels <br /> <br />WINSTON #91t578,2 ~' I <br /> <br /> <br />