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Tracking 1108-38315
<br />18. Licensee"s on-site supervisions shall retain/maintain a fully executed copy of this.
<br />License at all times while an the Prerr~ises.
<br />LIABILITY
<br />'19. (a) TO THE FULLEST EXTENT, .PERMITTED BY LAW, LICENSEE SHALL, AND
<br />SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND
<br />ANO HOLD HARMLESS LICENSOR AND LIGENSOR'S AFFILIATED
<br />COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL
<br />REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS,
<br />EMPLOYEES AND AGENTS {COLLECTIVELY, "INDEMNITEES") FOR, FROM
<br />AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, .PENALTIES,
<br />COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS,
<br />DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT
<br />LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF
<br />INVESTIGATION, REMOVAL AND REMEDIATIGN AND GOVERNMENTAL
<br />OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE {COLLECTIVELY
<br />"LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON
<br />OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING
<br />FROM OR RELATED TO:(IN WHOLE OR tN PART):
<br />(i) TH1S LICENSE, INCLUDING, WITHOUT LIMITATION, ITS
<br />ENVIRONMENTAL PROVISIONS,
<br />(ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS
<br />LICENSE,
<br />(iii) LICENSEE'S OCCUPATION AND USE OF THE PREMISES,
<br />(iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE
<br />PREMISES CAUSED BY OR CONTRIBUTED BY LICENSEE, OR
<br />(v) ANY ACT OR OMISSION OF .LICENSEE OR LICENSEE'S
<br />OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS,
<br />OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF
<br />THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL
<br />OVER,
<br />EVEPI IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO ANY
<br />NEGLIGENCE OF ANY NNDEMNITEE. THE ONLY LIABILITIES WITH
<br />RESPECT TO WHICH LICENSEE'S OBLIGATION 70 INDEMNIFY THE
<br />INDEMNITEES DOES NOT' APPLY ARE LIABILITIES {1) TO THE EXTENT
<br />PROXIMATELY CAUSED- BY THE. GROSS NEGLIGENCE OR WILLFUL
<br />MISCONDUCT OF AN INDEMNITEE OR {2) WHOLLY CAUSED BY THE SOLE
<br />NEGLIGENCE OF AN INDEMNITEE.
<br />{b) FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW,
<br />NOTWITHSTANDING THE- LIMITATION IN SECTION '19{a), LICENSEE
<br />SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, NOW AND FOREVER
<br />WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON
<br />STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT LICENSOR IS -AN
<br />Form. 424; Rev, 04!26/05
<br />-6-
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