Kimberly Clark Worldwide Inc 7/29/2019 (2)

Grantee or its contractors have obtained commercial general liability coverage naming the Grantor as an additional insured (including broad form contractual liability coverage) with limits no less than the following: Bodily Injury Liability, including automobile $3 million each occurrence, $5 million bodily injury liability aggregate Property Damage Liability, including $3 million each occurrence, $5 million automobile property damage liability aggregate Additional insured status shall be accomplished by endorsement to said commercial liability policy(ies). Said coverage shall be maintained by Grantee or its contractors until construction of the Easement Improvements has been completed. Instead of all such insurance, Grantee may provide Grantor a letter certifying its usual and customary self-insurance program. 10. Indemnification Grantee hereby agrees to indemnify, hold harmless and defend Grantor from and against any and all liability, loss, damage, expense, actions, hazardous waste or substance release, and claims, including, without limitation, costs and reasonable attorneys' fees incurred by Grantor, asserted or arising directly or indirectly on account of or out of acts or omissions of the Grantee and/or Grantee Parties in the exercise of Grantee's rights and obligations under this Agreement, provided, however, this indemnification provision does not indemnify against liability for damages arising directly or indirectly on account of or out of(i)the negligence or intentional misconduct of the indemnified party or (ii)Hazardous Materials on, in, or under the Easement Area, except to the extent such Hazardous Materials were on, in, or under the Easement Area prior to Grantee's entry upon the Property . The Parties reserve all rights with respect to liability for Hazardous Materials not subject to this indemnity. The term "Hazardous Materials" shall mean any Petroleum (or fraction thereof or additive thereto), Hazardous Substance, Pollutant, or Contaminant (as those terms are defined in their broadest sense by any applicable federal, state or local law, rule, regulation or order, or amendment or modification thereto, pertaining or relating to the protection of the environment and/or public health). 11. Notices For a notice under this Agreement to be valid, it must be in writing and the sending party must use one of the following methods of delivery: (a)personal delivery to the address stated below; (b)first class postage prepaid U.S. Mail to the address stated below; or(c)nationally recognized courier to the address stated below, with all fees prepaid. Unless otherwise provided herein, all notices required under this Agreement shall be in writing and shall be given as follows: If to Grantor: KIMBERLY-CLARK WORLDWIDE,INC. do Kimberly-Clark Corporation Office of General Counsel 351 Phelps Drive Irving,TX 75038 6