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4. Right of Use of Property by Licensor. The Licensor reserves the right at all times, to
<br /> use and maintain the Easement for public utility purposes, to perform related construction,
<br /> maintenance and operation activities on,under or above the Easement,including those that involve
<br /> excavation and trenching, or other activities that may affect the Improvements. The Licensor will
<br /> endeavor to notify the Licensee in advance of any construction or maintenance activities, but
<br /> makes no commitment to do so.
<br /> 5. Indemnity and Release.
<br /> a. Licensee covenants and agrees to indemnify, hold harmless and defend
<br /> Licensor, its officers, agents, contractors, and employees, from and against any and
<br /> all claims, losses, causes of action or suits for property damage (including damage to
<br /> improvements) or loss and/or personal injury, including death, including all costs,
<br /> attorneys' fees, expert fees or other related costs and fees to any and all persons, of
<br /> whatsoever kind or character,whether real or asserted,arising out of or in connection
<br /> with, directly or indirectly, the construction, maintenance, occupancy, use, existence
<br /> or location of the Improvements, whether or not caused, in whole or in part, by
<br /> alleged negligence of officers, agents, servants, employees, contractors,
<br /> subcontractors, licensees or invitees of the Licensor; and Licensee hereby assumes all
<br /> liability and responsibility for such claims or suits. Licensee shall likewise assume all
<br /> liability and responsibility and shall indemnify Licensor for any and all injury or
<br /> damage to Licensor's 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 trespassers.
<br /> b. Licensee hereby releases, relinquishes, and discharges the Licensor, its
<br /> officers,agents,and employees from all claims,demands,and causes of action of every
<br /> kind and character, including the cost of defense thereof, for any injury to or death
<br /> of any person (whether employees of either party or other third parties) and any loss
<br /> of or damage to any property (whether property of Licensor, its employees, agents,
<br /> contractors, lessees or of third parties) that is caused by or alleged to be caused by,
<br /> arising out of, or in connection with the Licensor's rights in, use or maintenance of
<br /> the Easement and the performance of any maintenance,construction,reconstruction,
<br /> repair, relocation, expansion, or removal of any of Licensor's facilities on, above or
<br /> under the Easement. This release shall apply regardless of whether said claims,
<br /> demands, and causes of action are covered in whole or in part by insurance, and in
<br /> the event of injury, death, property damage, or loss suffered by the Licensee, any
<br /> subcontractor, or any person or organization directly or indirectly employed by any
<br /> 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 /> 6. Maintenance. Licensee shall operate and maintain the Improvements and the License
<br /> Area in a clean, safe and sanitary condition at all times in accordance with applicable laws and
<br /> ordinances. If Licensee fails to maintain the Improvements and License Area in the manner
<br /> provided herein such that the Improvements are in violation of applicable City of San Marcos
<br /> ordinances, e.g., unsafe structure presenting danger to passersby, Licensor, after written notice to
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