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NOU-18-2004 09:56 P.03
<br /> D. Licensee shall keep the Property free and clear of any and all liens and
<br /> encumbrances resulting from any activities by, or on behalf of. Licensee and/or Licenses
<br /> Representatives;
<br /> E. Upon any termination of this AVccancnL Licensee shrill promptly repair any
<br /> alteration of the condition of the Property, which resulted from such entry upon, and/or such
<br /> investigations, assessments and otbcr tests and/or activities with respect to, the Property so as to restore
<br /> the Property to the same condition in which it existed prior to such entry an&or activities;
<br /> F. Licensee shall promptly deliver to Liccasor the results, reports and all other
<br /> documentation generated by the person or entity conducting such investigations, assessments and other
<br /> tests and/or activities as and when received by Licensee;
<br /> G. Prior to any entry upon any of the Property, Licensee shall obtain and deliver to
<br /> Licensor evidence of liability insurance in accordance with Paragraph 2 of this Right of Entry
<br /> Agreement and thereafter maintain such insurance in full force and effect in accordance with Paragraph
<br /> 2; and
<br /> H. Licensee shall, to the fullest extent permitted by law, indemnify, defend (with
<br /> legal counsel designated by Licensor) protect and hold Licensor, Licensor',; officers, employees,
<br /> shareholders, agents, contractors, subcontractors, and representatives (collectively, "Licensors
<br /> Representatives") and the Property harmless from any and all costs, damages, liabilities, losses.
<br /> cxpersm liens and claims (including, without limitation, attorneys' fees, court costs and costs of
<br /> appeal) regarding, arising out of, or in connection with or in any manner relating to any such entry
<br /> upon, and/or such investigations, assessments and other activities with respect to the Property,
<br /> including the failure by Licensee and/or any of Licetscc's Representatives to comply with the
<br /> provisions of this Agreement. Without limiting the generality of the foregoing, if any subcontractor,
<br /> matcrialman or laborer of any other person performing any activity for or on behalf of Licensee and/or
<br /> any of Licensee's Representatives files a mechanic's or matcrialmen's lien, claim or encumbrance
<br /> against the Property, or any other property of Licensor or any of Licensors Representatives for or on
<br /> account of any work, labor, services, materials or equipment or other items furnished in connection
<br /> with any activities by or on behalf of Licensee, Licensee shall discharge or remove such lien, claim or
<br /> encumbrance at Licensee's own expense by bond, payment or otherwise within five (5) business days
<br /> from the date of the filing thereof, and upon Licensee's failure to do so, Licensor shall have the right
<br /> (but not the obligation) to, without limiting Licensoes other rights and remedies, cause any such lien,
<br /> claim or encumbrance to be removed or discharged by whatever means Licensor chooses, at the entire
<br /> cost and expense of Licensee (such costs and expenses include legal fees, disbursements and interest at
<br /> the maximum rate permitted by law until paid). Licensee and Licensee's Representatives waive all
<br /> rights and/or claims that Licensee or Licensee's Representatives may have against Licensor for unsafe
<br /> conditions on the Property and hereby accepts all risks associated with entry thereon.
<br /> 2. Insurance.
<br /> 2.1. Liahilily jNtMcc. $efore any entry upon the Property, Licensee shall procure at inti
<br /> sole cost and expense and keep in effect until the close of Escrow, a policy of Commercial General
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