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damage to all or portions of the Improvements and Licensee's personal property and fixtures
<br /> within the License Area, including walls and fences In undertaking such activities, Licensor shall
<br /> have no obligation to repair, replace or restore the affected Improvements, personal property or
<br /> fixtures. Licensor will endeavor to notify Licensee in advance of any construction or maintenance
<br /> activities, but 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, and employees, from and against any and all claims,
<br /> 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 /> reasonable 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
<br /> in connection with, directly or indirectly, the construction, maintenance, occupancy,
<br /> use,existence or location of the Improvements,whether or riot caused, in whole or in
<br /> part,by alleged negligence of officers,agents,employees,contractors,subcontractors,
<br /> licensees or invitees of Licensor (collectively, "Licensor Parties"); and Licensee
<br /> hereby assumes all liability and responsibility for any such claims or suits (provided,
<br /> however, that Licensee reserves the right to pursue claims against any other third
<br /> parties that might have caused such damages or injuries). Licensee shall likewise
<br /> assume all liability and responsibility and shall indemnify Licensor for any and all
<br /> injury or damage to Licensor's property arising out of or in connection with any and
<br /> all acts or omissions of Licensee, its officers, agents, employees, contractors,
<br /> subcontractors, licensees, or invitees.
<br /> b. Licensee hereby releases, relinquishes, and discharges Licensor, its officers,
<br /> agents, and employees from all claims, demands, and causes of action of every kind
<br /> and character, including the cost of defense thereof,for any injury to or death of any
<br /> person (whether employees of either party or other third parties) and any loss of or
<br /> 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 Licensor's rights in, use or maintenance of the
<br /> 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 Licensee, any
<br /> subcontractor,or any person or organization directly or indirectly employed by any
<br /> of them. Except as expressly provided for above, 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. Maintenance. Licensee shall use all commercially reasonable efforts to operate and
<br /> maintain the Improvements and the License Area in a clean,safe and sanitary condition at all times
<br /> in accordance with applicable laws and ordinances. If Licensee fails to maintain the Improvements
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