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Tracking #25W-24305/BF-20565661
<br /> - 5 - Form 424; Rev. 20200605
<br />
<br />KIND, OR DESCRIPTION DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING
<br />FROM, OR RELATED TO (IN WHOLE OR IN PART):
<br />
<br />13.2.1 THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL
<br />PROVISIONS,
<br />
<br />13.2.2 ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE,
<br />
<br /> 13.2.3 LICENSEE'S OCCUPATION AND USE OF THE PREMISES,
<br />
<br />13.2.4 THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY
<br />OR CONTRIBUTED TO BY LICENSEE, OR
<br />
<br />13.2.5 ANY ACT OR OMISSION OF ANY LICENSEE PARTY.
<br />
<br />13.3 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE NOW AND FOREVER WAIVES
<br />AND WILL INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM ANY
<br />AND ALL CLAIMS THAT BY VIRTUE OF ENTERING INTO THIS LICENSE, LICENSOR IS A
<br />GENERATOR, OWNER, OPERATOR, ARRANGER, OR TRANSPORTER FOR THE
<br />PURPOSES OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
<br />AND LIABILITY ACT, AS AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS
<br />(DEFINED BELOW). NOTHING IN THIS LICENSE IS MEANT BY EITHER PARTY TO
<br />CONSTITUTE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES AND
<br />THIS LICENSE SHOULD NOT BE SO CONSTRUED. IF ANY AGENCY OR COURT
<br />CONSTRUES THIS LICENSE TO BE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER
<br />DEFENSES, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND
<br />INDEMNITEES FOR ANY LIABILITIES RELATED TO THAT CONSTRUCTION OF THIS
<br />LICENSE. IN NO EVENT AS BETWEEN LICENSOR AND LICENSEE AS TO USE OF THE
<br />PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL LICENSOR BE RESPONSIBLE
<br />TO LICENSEE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES.
<br />
<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, INDEMNIFY,
<br />DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ANY
<br />LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN PART) ANY SUCH
<br />ASSERTION INCLUDING, BUT NOT LIMITED TO, ASSERTIONS OF EMPLOYMENT BY AN
<br />INDEMNITEE RELATED TO THE FOLLOWING OR ANY PROCEEDINGS THEREUNDER:
<br />THE FEDERAL EMPLOYERS' LIABILITY ACT , THE SAFETY APPLIANCE ACT , THE
<br />LOCOMOTIVE INSPECTION ACT, THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE
<br />RESOURCE CONSERVATION AND RECOVERY ACT , AND ANY SIMILAR STATE OR
<br />FEDERAL STATUTE.
<br />
<br />13.5 THE FOREGOING OBLIGATIONS OF LICENSEE SHALL NOT APPLY TO THE EXTENT
<br />LIABILITIES ARE PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL
<br />MISCONDUCT OF ANY INDEMNITEE, BUT SHALL APPLY TO ALL OTHER LIABILITIES,
<br />INCLUDING THOSE ARISING FROM OR ATTRIBUTED TO ANY OTHER ALLEGED OR
<br />ACTUAL NEGLIGENCE, INTENTIONAL ACTS, OR STRICT LIABILITY OF ANY INDEMNITEE.
<br />
<br />13.6 Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other
<br />proceeding brought against any Indemnitee by any entity, relating to any matter covered by this
<br />License for which Licensee has an obligation to assume liability for and/or save and hold harmless
<br />any Indemnitee. Licensee shall pay all costs and expenses incident to such defense, including,
<br />but not limited to, reasonable attorneys' fees, investigators' fees, litigation and appeal expenses,
<br />settlement payments, and amounts paid in satisfaction of judgments.
<br />
<br />14. Personal Property Risk of Loss. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO,
<br />FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK
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