R2002-168A AUTHORIZING AN AGREEMENT

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� MEMBERSHIP AGREEMENT=JULIE,INC. � . � AMENDED-July 19,2000 • action as it, in its sole discretion, may deem necessary to protect its respective , underground or other facilities and to prevent interruption of its respective service to the �� public. i 2.2 Nothing in this Agreement shall prevent any member from seeking recovery against the party (including any other member of the corporation) who caused or was responsible for the loss or damage to the member's underground or other facilities or for any other claim or injury except that the member hereby waives any right to recover against the corporation, its directors, officers and employees. It is also expressly understood that neither this Agreement nor the By-Laws is intended to, nor shall either be construed as, altering or affecting the rights and obligations of, or creating additional liability for, any member in its capacity as a supplier of utility service, whether to the corporation or any other member, or in its capacity as a licensor, licensee, franchisor or franchisee`�of any other member. 2.3 The directors, ofFcers and employees of the corporation shall be indemnified by the corporation as provided for in Article XV of the By-Laws and shall not be personally liable to any member for any loss or damage incurred by any member as a result of any action or failure to act, except as a result of any action or failure to act which would preclude indemnification under said Article XV on the part of the corporation. , 2.4 Each member shall be individually and solely responsible for locating and marking its own underground facilities pursuant to telecommunication notification by the corporation. Further, each member shall indemnify the corporation and hold harmless the corporation from and against any and all damages, fines, civil penalties, lawsuits, claims, demands, liabilities, losses, costs and expenses, including attorneys' fees and - 2 -