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<br /> invitees, licensees, employees, or contractors, or any party directly or indirectly employed
<br /> by any of them, or any party they control or exercise control over.
<br /> 13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL
<br /> CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD
<br /> HARMLESS INDEMNITEES FOR, FROM, AND AGAINST ANY AND ALL LIABILITIES
<br /> OF ANY NATURE, KIND, OR DESCRIPTION DIRECTLY OR INDIRECTLY ARISING
<br /> OUT OF, RESULTING FROM, OR RELATED TO(IN WHOLE OR IN PART):
<br /> 13.2.1 THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL
<br /> PROVISIONS,
<br /> 13.2.2 ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE,
<br /> 13.2.3 LICENSEE'S OCCUPATION AND USE OF THE PREMISES,
<br /> 13.2.4 THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES
<br /> CAUSED BY, AGGRAVATED BY, OR CONTRIBUTED TO, IN WHOLE OR IN
<br /> PART, BY ANY LICENSEE PARTY, INCLUDING ANY OFF-SITE MIGRATION,
<br /> OR
<br /> 13.2.5 ANY ACT OR OMISSION OF ANY LICENSEE PARTY.
<br /> 13.3 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE NOW AND FOREVER
<br /> WAIVES AND WILL INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES
<br /> HARMLESS FROM ANY AND ALL CLAIMS THAT BY VIRTUE OF ENTERING INTO
<br /> THIS LICENSE, LICENSOR IS A GENERATOR, OWNER, OPERATOR, ARRANGER,
<br /> OR TRANSPORTER FOR THE PURPOSES OF THE COMPREHENSIVE
<br /> ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, AS
<br /> AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS (DEFINED BELOW).
<br /> NOTHING IN THIS LICENSE IS MEANT BY EITHER PARTY TO CONSTITUTE A
<br /> WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES AND THIS
<br /> LICENSE SHOULD NOT BE SO CONSTRUED. IF ANY AGENCY OR COURT
<br /> CONSTRUES THIS LICENSE TO BE A WAIVER OF ANY INDEMNITEE'S COMMON
<br /> CARRIER DEFENSES, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS,AND
<br /> DEFEND INDEMNITEES FOR ANY LIABILITIES RELATED TO THAT CONSTRUCTION
<br /> OF THIS LICENSE. IN NO EVENT AS BETWEEN LICENSOR AND LICENSEE AS TO
<br /> USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL LICENSOR
<br /> BE RESPONSIBLE TO LICENSEE FOR THE ENVIRONMENTAL CONDITION OF THE
<br /> PREMISES.
<br /> 13.4 IF ANY EMPLOYEE OF ANY LICENSEE PARTY ASSERTS THAT HE OR SHE IS AN
<br /> EMPLOYEE OF ANY INDEMNITEE,TO THE FULLEST EXTENT PERMITTED BY LAW,
<br /> LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE,
<br /> INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND
<br /> AGAINST ANY LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN
<br /> PART)ANY SUCH ASSERTION INCLUDING,BUT NOT LIMITED TO,ASSERTIONS OF
<br /> EMPLOYMENT BY AN INDEMNITEE RELATED TO THE FOLLOWING OR ANY
<br /> PROCEEDINGS THEREUNDER: THE FEDERAL EMPLOYERS' LIABILITY ACT, THE
<br /> SAFETY APPLIANCE ACT, THE LOCOMOTIVE INSPECTION ACT, THE
<br /> OCCUPATIONAL SAFETY AND HEALTH ACT, THE RESOURCE CONSERVATION
<br /> AND RECOVERY ACT,AND ANY SIMILAR STATE OR FEDERAL STATUTE.
<br /> 13.5 THE FOREGOING OBLIGATIONS OF LICENSEE SHALL NOT APPLY TO THE
<br /> EXTENT LIABILITIES ARE PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE
<br /> OR WILLFUL MISCONDUCT OF ANY INDEMNITEE, BUT SHALL APPLY TO ALL
<br /> 32330630.2 6 Form 424;Rev.20190916
<br />
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