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4. Indemnity and Release. Licensee covenants and agrees to indemnify, and does
<br />hereby indemnify, hold harmless and defend Licensor, its officers, agents, contractors, and
<br />employees, from and against any and all claims, losses, causes of action or suits for property
<br />damage (including damage to improvements) or loss and /or personal injury, including death,
<br />including all costs, attorneys' fees, expert fees or other related costs and fees to any and all
<br />persons, of whatsoever kind or character, whether real or asserted, arising out of or in
<br />connection with, directly or indirectly, the construction, maintenance, occupancy, use,
<br />existence or location of said improvement and encroachment and uses granted hereunder,
<br />whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants,
<br />employees, contractors, subcontractors, licensees or invitees of the Licensor; and Licensee
<br />hereby assumes all liability and responsibility for such claims or suits. Licensee shall likewise
<br />assume all liability and responsibility and shall indemnify Licensor for any and all injury or
<br />damage to Licensor property arising out of or in connection with any and all acts or omissions
<br />of Licensee, its officers, agents, servants, employees, contractors, subcontractors, licensees,
<br />invitees, or trespassers.
<br />Licensee hereby releases, relinquishes, and discharges the Licensor, its officers,
<br />agents, and employees from all claims, demands, and causes of action of every kind and
<br />character, including the cost of defense thereof, for any injury to or death of any person
<br />(whether employees of either party or other third parties) and any loss of or damage to any
<br />property (whether property of Licensor, its employees, agents, contractors, lessees or of third
<br />parties) that is caused by or alleged to be caused by, arising out of, or in connection with the
<br />Licensor's ownership, use or maintenance of the easement and the performance of any
<br />maintenance, construction, reconstruction, repair, relocation, expansion, or removal of any
<br />of Licensor's facilities on, above or under the easement area. This release shall apply
<br />regardless of whether said claims, demands, and causes of action are covered in whole or in
<br />part by insurance, and in the event of injury, death, property damage, or loss suffered by the
<br />Licensee, any subcontractor, or any person or organization directly or indirectly employed by
<br />any of them. This release shall apply regardless of whether such injury, death, loss, or
<br />damage was caused in whole or in part by the negligence of the Licensor.
<br />5. Obligations of Licensee. Licensee, at its own expense, shall restore or cause to be
<br />restored the License Area and adjacent areas within the Easement boundaries to as good a
<br />condition as existed prior to construction of the Improvements which are the subject of this
<br />License Agreement. Licensee shall pay all costs of relocation of any public utilities or facilities
<br />that may be incurred as a result of the proposed construction or actual construction. In the
<br />event that any installation, reinstallation, relocation or repair of any existing or future utility or
<br />improvements owned by, constructed by or on behalf of the public or at public expense is made
<br />more costly by virtue of the construction, maintenance or existence of Licensee's
<br />encroachment and use, Licensee shall pay to Licensor an additional amount equal to such
<br />additional cost as determined by the City Manager or designee.
<br />6. Compliance with Laws and Regulations. Licensee agrees to comply with all laws
<br />and ordinances in the construction and maintenance of said improvements.
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