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<br /> ii. If Licensee fails or refuses to commence the Termination Cleanup process, or fails
<br /> to reasonably proceed toward completion of such process, Licensor may elect to perform such
<br /> T-iinination Cleanup after providing Licensee with written notice of Licensor's intent to
<br /> commence Termination Cleanup and after providing Licensee a reasonable opportunity, which
<br /> shall not be less than ninety (90) days after such notice (unless Licensor is given notice by a
<br /> government or regulatory agency with jurisdiction over such matter that Termination Cleanup must
<br /> commence within a shorter time), to commence or resume the Termination Cleanup process. If
<br /> Licensor performs such Termination Cleanup after said notice and Licensee's failure to perform
<br /> same, Licensee shall pay all of Licensor's costs and expenses.
<br /> H. Survival. Licensee's obligations and liabilities under this Section 12 shall survive
<br /> the expiration or earlier termination of this License.
<br /> 13. COMPLIANCE WITH LAW: Notwithstanding any other provision in this
<br /> License to the contrary, Licensee, at its sole cost, shall comply with all applicable laws, statutes,
<br /> ordinances, regulations, rules, and other governmental requirements (hereinafter called "laws"),
<br /> in performing or observing its obligations under this License. The provisions of this Section
<br /> shall not supersede, but shall be in addition to, any other provisions in this License, which
<br /> impose a higher standard of care or duty by Licensee.
<br /> 14. INDEMNIFICATION: The Licensee hereby agrees to defend and indemnify
<br /> Licensor and Landowner from any and all Claims arising out of, in connection with, or incident
<br /> to any acts, errors, omissions, or conduct by Licensee (or its employees, agents, representatives,
<br /> contractors and subcontractors) relating to this License. The Licensee is obligated to defend and
<br /> indemnify Licensor and Landowner pursuant to this Section whether a Claim is asserted directly
<br /> against Licensor and/or Landowner, or whether it is asserted indirectly against the Licensor
<br /> and/or Landowner, e.g., a Claim is asserted against someone else who then seeks contribution or
<br /> indemnity from Licensor and/or Landowner. The Licensee's duty to defend and indemnify
<br /> pursuant to this Section is not in any way limited to, or by the extent of, insurance obtained by,
<br /> obtainable by, or required of the Licensee. The Licensee shall not indemnify Licensor and/or
<br /> Landowner, respectively, for Claims caused solely by the negligence of the Licensor and/or
<br /> Landowner, respectively. If(1) RCW 4.24.115 applies to a particular Claim, and (2) the bodily
<br /> injury or damage to property for which the Licensee is to indemnify Licensor and/or Landowner
<br /> is caused by or results from the concurrent negligence of (a) the Licensee, its employees,
<br /> contractors, subcontractors or agents and (b) the Licensor and/or Landowner, respectively, then
<br /> the Licensee's duty to indemnify shall be valid and enforceable only to the extent allowed by
<br /> RCW 4.24.115. Solely and expressly for the purpose of its duties to indemnify and defend
<br /> Licensor and Landowner, the Licensee specifically waives any immunity it may have under the
<br /> State Industrial Insurance Law, Title 51 RCW. The Licensee recognizes that this waiver of
<br /> immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW
<br /> 4.24.115 and was the subject of mutual negotiation. As used in this Section: (1) "Licensor" and
<br /> "Landowner" include their respective officers, employees, agents, and representatives and (2)
<br /> "Claims" include, but is not limited to, any and all losses, claims, demands, expenses (including,
<br /> but not limited to, attorney's fees and litigation expenses), suits, judgments, or damage,
<br /> irrespective of the type of relief sought or demanded, such as money or injunctive relief, and
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