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<br />200609534 <br /> <br />absolute discretion, determine that the Mallard Haven Property will be <br />utilized in accordance with and pursuant to the terms of this license <br />agreement. <br /> <br />D. Southern Public Power District, a Public Corporation, or any other <br />provider of electric service through such underground supply line, shall <br />interrupt electrical service to the Mallard Haven Property upon written <br />verified notice to Southern Public Power District or any other provider of <br />electric service through such underground supply line, that Mallard Haven <br />is in violation of the terms and conditions of this license agreement, that <br />Thoms have provided the written notices to Mallard Haven required under <br />this Paragraph 3., that Mallard Haven has failed to cure such violations <br />after such notices, and that Thoms are exercising their right to interrupt <br />electric service over, along and across the service line located on and <br />under the Thorn Property. Upon receipt of such verified written notice <br />from Thoms, Southern Public Power District or any other provider of such <br />electric service shall disconnect and interrupt delivery of such electric <br />service to the Mallard Haven Property in the same manner it would <br />interrupt electric service in the event of non-payment of an electric bill by <br />Mallard Haven. <br /> <br />Mallard Haven hereby absolutely and unconditionally releases Southern <br />Public Power District, or any other provider of electric service through <br />such underground supply line, from any and all damages, losses, causes of <br />action and other claims whatsoever arising out of or related to the <br />interruption of service at the direction of Thoms, as provided in and in <br />accordance with the terms of this Agreement. Mallard Haven shall look <br />solely to the Thoms for any such losses, damages, causes of action or <br />other claims arising out of or related to a wrongful interruption of service <br />at Thoms' direction pursuant to the terms of this Agreement. <br /> <br />4. Thoms, in Thoms' reasonable, but presumptively correct discretion, may direct <br />permanent interruption of the electrical service line across the Thorn Property if <br />Thoms reasonably determine that the Mallard Haven Property constitutes a <br />personal nuisance and unreasonably interferes with Thoms' quiet use and <br />enjoyment ofthe Thorn Property. <br /> <br />5. Mallard Haven acknowledges and agrees that this license is and shall remain a <br />license, the continued use of which is subject to the terms and conditions of this <br />license agreement. <br /> <br />6. Mallard Haven acknowledges, agrees and understands that this license agreement <br />shall never ripen into a permanent, non-exclusive, irrevocable easement but shall <br />always remain subject to interruption and possible revocation as provided in this <br />license agreement notwithstanding the expenditure by Mallard Haven of <br />substantial funds in reliance on the license granted in this license agreement. <br /> <br />Page 4 of6 <br />