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The Applicant in applying for this agreement agrees to the following:
1. Applicant shall design, install and maintain its facilities in accordance with Rules and Regulations for Accommodating Utilities Within Highway Rights-of-Way heretofore issued by the Department of Transportation.2. Applicant, before commencing any work or installing any facilities shall submit to the Department of Transportation's regional office plans showing the location, type and scope of all work to be done or appliances to be installed in order that the Regional Utilities Engineer may recommend approval of the proposed work.3. Applicant agrees that it will be responsible for any damages caused by any negligence on its part, including but not limited to the improper placing of or failure to display construction signs, danger signs, and other required signing and will bear any expense proximately caused by its operation on the right-of-way.4. Applicant shall pay the salary and expenses of any Inspector(s) that the Department of Transportation may see fit to place upon the work while such Inspector(s) is/are assigned to this work. The Department of Transportation before incurring any expenses expected to be charged to the Applicant shall advise the Applicant in writing of this fact.5. Applicant shall replace or repair any portion of the pavement, shoulders, bridges, private driveways or any part of said highway which may be disturbed or damaged. Replacements and repairs shall be made in accordance with the Department of Transportation's Standard Specifications For Road and Bridge Construction and any additional instructions which may be issued. Applicant agrees that the Department of Transportation may accomplish further replacements or repairs in the event those made by the applicant are not satisfactory, in which event the Applicant will reimburse Department of Transportation for the cost of such other replacements or repairs. Except in cases of emergency the Department of Transportation shall notify the Applicant of the nature and extent of such further replacements or repairs to be accomplished prior to undertaking the work.6. If, at any future time, it should become necessary in the maintenance, construction or reconstruction of said highway to have Applicant's appliances and facilities removed in order that said highway may be properly maintained, constructed or reconstructed or in the event said appliances and facilities should, at any time, interfere with the use of said highway, the Applicant agrees upon being requested so to do by Department of Transportation to remove said appliances and facilities as promptly as the magnitude of the work to be accomplished will permit, at its own expense and without cost to the Department of Transportation, unless any requested removal should be contrary to any law of the State.7. Applicant shall be responsible for any conflicts with other utilities or appurtenances that are on the highway right-of-way and shall notify the respective owner(s) of any conflicts and secure the owners permission for any alternations.8. The Department of Transportation does not grant the Applicant any right, title or claim on any highway right-of-way and in granting this permission to go upon the right-of-way does not, in any way, assume the maintenance of the Applicant's facility.9. This agreement shall become void if work is not commenced within a year from date of execution of this Agreement. Mail to appropriate Region Office c/o Transportation Supervisor - R.O.W.
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Tenn. Comp. R. & Regs. 1680, 1680-06, ch. 1680-06-01, 1680-6-1-.10, app I