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liability and responsibility for such claims or suits. Licensee shall likewise assume
<br />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
<br />omissions of Licensee, its officers, agents, servants, employees, contractors,
<br />subcontractors, licensees, invitees, or other persons for whom Licensee is legally
<br />liable.
<br />b. Licensee hereby releases, relinquishes, and discharges Licensor, its
<br />officers, agents, and employees from all claims, demands, and causes of action of
<br />every kind and character, including the cost of defense thereof, for any injury to or
<br />death of any person (whether employees of either party or other third parties) and
<br />any loss of or damage to any property (whether property of Licensor, its employees,
<br />agents, contractors, lessees or of third parties) that is caused by or alleged to be
<br />caused by, arising out of, or in connection with Licensor's ownership, use or
<br />maintenance of the License Area and the performance of any maintenance,
<br />construction, reconstruction, repair, relocation, expansion, or removal of any of
<br />Licenser's facilities on, above or under the License Area. This release shall apply
<br />regardless of whether said claims, demands, and causes of action are covered in
<br />whole or in part by insurance, and in the event of injury, death, property damage,
<br />or loss suffered by Licensee, any subcontractor, or any person or organization
<br />directly or indirectly employed by any of them. This release shall apply regardless
<br />of whether such injury, death, loss, or damage was caused in whole or in part by the
<br />negligence of Licensor.
<br />6. Obligations of Licensee.
<br />a. Maintenance. Licensee shall operate and maintain the Improvemennts and
<br />the License Area in a clean, safe and sanitary condition at all times in accordance with
<br />applicable laws and ordinances. If Licensee fails to maintain the Improvements and
<br />License Area in the manner provided herein, Licensor, after written notice to Licensee
<br />and an opportunity to cure as provided in such notice, may undertake such maintenance
<br />activities and bill Licensee for the costs of such activities. If Licensee fails to pay such
<br />costs within 30 days after receipt of an invoice from Licensor, Licensor may file a lien
<br />against Licensee's property adjacent to the License Area in the amount of the invoice,
<br />plus interest accruing at the rate of 10 percent per annum until paid.
<br />b. Restoration. Upon termination of this License Agreement, Licensee, at
<br />its own expense, shall remove such components of the Improvements that Licensor
<br />requests to be removed and restore the areas where such components are removed to such
<br />condition as existed prior to installation of the Improvements which are the subject of this
<br />License Agreement, e.g., upon termination, Licensor may wish to maintain the
<br />landscaping, but not structures.
<br />C. Extra Costs to Licensor. Licensee shall pay all costs of relocation of any
<br />public utilities or facilities that may be incurred as a result of the proposed construction
<br />or actual construction of the Improvements. In the event that any installation,
<br />12037206v.2
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