Permission and authority are hereby granted to Verizon Wireless and its successors and assigns, to use poles, erected by parties that have the lawful right to maintain the poles within the public right-of-way in the Township of Jackson, subject to the following:

Verizon Wireless, and its successors and assigns, shall adhere to all applicable Federal, State and Local laws regarding safety requirements related to the use of the public right-of-way.

Verizon Wireless, and its successors and assigns, shall comply with all applicable Federal, State and Local laws requiring permits prior to beginning construction, and shall obtain any applicable permits that may be required by the Township of Jackson.

Such permission shall be and is hereby given upon the condition and provision that Verizon Wireless, and its successors and assigns, shall indemnify, defend and hold harmless the Township of Jackson, its officers, agents and servants, from any claim of liability or loss or bodily inquiry or property damage resulting from or arising out of the acts or omissions of Verizon Wireless or its agents in connection with the use and occupancy poles located within the public right-of-way, except to the extent resulting from the acts or omissions of the Township of Jackson.

Verizon Wireless shall, at its own cost and expense, maintain commercial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. Verizon Wireless shall include the Township as an additional insured.

Verizon Wireless shall be responsible for the repair of any damage to paving, existing utility lines, or any surface or subsurface installations, arising from its construction, installation or maintenance of its facilities.

Notwithstanding any provision contained herein, neither the Township of Jackson nor Verizon Wireless shall be liable to the other for consequential, incidental, exemplary, or punitive damages on account of any activity pursuant to this instrument.

This instrument shall be adopted on behalf of the Township of Jackson by the Township Council of the Township of Jackson and attested to by the Township Clerk who shall affix the Township Seal hereto.

The permission and authority hereby granted shall continue for the same period of time as the grant to parties whose poles Verizon Wireless is using.

This resolution authorizes Verizon Wireless to use poles erected within the public right-of-way of the Township of Jackson by parties that have the lawful right to maintain such poles.