|
Tracking#16-55547
<br /> study is to determine if granular material is present, and to prevent subsidence during the installation
<br /> process. If the investigation determines in Licensor's reasonable opinion that granular material is
<br /> present, Licensor may select a new location for Licensee's use, or may require Licensee to furnish for
<br /> Licensor's review and approval, in Licensor's sole discretion,a remedial plan to deal with the granular
<br /> material. Once Licensor has approved any such remedial plan in writing,Licensee shall,at Licensee's
<br /> sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof.
<br /> 12.3 Any open hole, boring, or well, constructed on the Premises by Licensee shall be safely covered and
<br /> secured at all times when Licensee is not working in the actual vicinity thereof. Following completion
<br /> of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be:
<br /> 12.3.1 filled in to surrounding ground level with compacted bentonite grout; or
<br /> 12.3.2 otherwise secured or retired in accordance with any applicable Legal Requirement. No
<br /> excavated materials may remain on Licensor's property for more than ten(10)days, but must
<br /> be properly disposed of by Licensee in accordance with applicable Legal Requirements.
<br /> LIABILITY AND INSURANCE
<br /> 13. Liability and Indemnification.
<br /> 13.1 For purposes of this License:(a)"Indemnitees"means Licensor and Licensor's affiliated companies,
<br /> partners,successors,assigns, legal representatives,officers,directors, shareholders,employees,and
<br /> agents; (b) "Liabilities" means all claims, liabilities, fines, penalties, costs, damages, losses, liens,
<br /> causes of action, suits, demands,judgments, and expenses (including, without limitation,court costs,
<br /> reasonable attorneys' fees, costs of investigation, removal and remediation, and governmental
<br /> oversight costs) environmental or otherwise; and (c) "Licensee Parties" means Licensee or
<br /> Licensee's officers, agents, invitees, licensees, employees, or contractors, or any party directly or
<br /> indirectly employed 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 CAUSE ITS
<br /> CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS INDEMNITEES
<br /> FOR, FROM, AND AGAINST ANY AND ALL LIABILITIES OF ANY NATURE, KIND, OR
<br /> DESCRIPTION DIRECTLY OR INDIRECTLY ARISING OUT OF,RESULTING FROM,OR RELATED
<br /> 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 CAUSED BY OR
<br /> CONTRIBUTED TO BY LICENSEE, 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 WAIVES 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 PURPOSES
<br /> OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY
<br /> ACT, AS AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS (DEFINED BELOW).
<br /> LICENSEE WILL INDEMNIFY,DEFEND,AND HOLD THE INDEMNITEES HARMLESS FROM ANY
<br /> AND ALL SUCH CLAIMS. NOTHING IN THIS LICENSE IS MEANT BY EITHER PARTY TO
<br /> CONSTITUTE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES AND THIS
<br /> LICENSE SHOULD NOT BE SO CONSTRUED. IF ANY AGENCY OR COURT CONSTRUES THIS
<br /> LICENSE TO BE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES,LICENSEE
<br /> AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND INDEMNITEES FOR ANY
<br /> LIABILITIES RELATED TO THAT CONSTRUCTION OF THIS LICENSE. IN NO EVENT AS
<br /> Form 424;Rev.201400801
<br /> -4-
<br />
|