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Tracking# 10-41274
<br /> (d) leave the Premises in the condition which existed as of the Effective Date of this
<br /> License.
<br /> 18. Licensee's on-site supervisors shall retain/maintain a fully executed copy of this License
<br /> at all times while on the Premises.
<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 /> AND HOLD HARMLESS LICENSOR AND LICENSOR'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 REMEDIATION 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 IN PART):
<br /> (I) THIS 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 /> EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN
<br /> WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY
<br /> LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO
<br /> INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO
<br /> THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR
<br /> WILLFUL MISCONDUCT OF AN INDEMNITEE.
<br /> (b) FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW,
<br /> NOTWITHSTANDING THE LIMITATION IN SECTION 19(a), LICENSEE
<br /> Form 424,Rev.04/26/05
<br /> X13
<br />
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