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<br /> -2- <br /> 2. Liability: To assume the risk of and to indemnify, hold <br /> <br /> harmless and defend the Licensor against all liability, damages, <br /> expenses, attorney's fees, for injuries to and deaths of persons, <br /> including employees of Licensor and Licensee, and damages to and <br /> destruction of property, including property of Licensor and Licensee, <br /> growing out of, incident to, or in any manner connected with the <br /> Licensee's construction, maintenance or use of the Improvements. <br /> 3. Waiver: To waive all right to question the validity of this <br /> License to any of the terms or provisions hereof or the right or power <br /> of Licensor to execute and enforce the same. <br /> ARTICLE III. <br /> It is mutually agreed between the parties as follows: <br /> 1. ( a) Repairs and Relocation: Licensee will at all times <br /> <br /> maintain the Improvements in a safe and secure manner in accordance <br /> with the intended use of the Improvements and applicable City <br /> regulations. <br /> (b) If Licensee fails to perform its obligation to <br /> maintain the Improvements or to make any necessary repairs then <br /> Licensor may cause such maintenance or repairs to be made. Licensee <br /> shall, on demand, promptly reimburse Licensor the whole cost thereof, <br /> plus ten percent (10%) thereon as a charge for supervision, <br /> accounting, and use of tools, or Licensor may terminate this License <br /> by giving to Licensee not less than thirty (30) days I advance written <br /> notice of its intention so to do. <br />