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NOU-10-2004 12:04 �_. P.04
<br /> the property by Richland Comrrutnitics, Inc., or its affiliates, or unless both parties agree in writing w
<br /> revoke this license- Upon any termination of this Agreement, Licensee shall promptly repair any
<br /> alteration of the condition of the Property, which resulted from such entry upon, and/or such
<br /> investigations, assessments and other 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 and/or activities;
<br /> F. Licensee shall promptly deliver to Licensor 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
<br /> Paragraph 2; and
<br /> H. Licensee sball, to the fullest extent permitted by lacy, indemnify, defend (with
<br /> legal counsel designated by Licensor) protect and hold Licensor, Licensor's Representatives and the
<br /> Property harmless from any and all costs, damages, liabilities, losses, expenses, liens and claims
<br /> (including, without limitation,attorneys' fees, court costs and costs of appeal) regarding, arising out of,
<br /> OT in connection with or in any manner relating to any such entry upon, and/or such investigations,
<br /> assessments and other activities with respect to the Property, including the failure by Licensee and/or
<br /> any of Licensee's Representatives to comply with the provisions of this Representatives. Vlrrthout
<br /> lirtuting the generality of the foregoing, if any subcontractor, materialman or laborer of any other
<br /> person performing any activity for or on behalf of Licensee and/or any of Licensee's Representatives
<br /> files a mechanics or materialmen's lien, claim or encumbrance against the Property, or any other
<br /> property of Licensor or any of Licensor's Rcpmentatives for or on account of any work, labor,
<br /> services, materials or equipment or other items furnished in connection with any activities by or on
<br /> behalf of Licensee, Licensee shall discharge or remove such lien, claim or encumbrance at Licensee's
<br /> own expense by bond, payment or otherwise within five (5) business days from the date of the :filing
<br /> thereof, and upon Licensee's failure to do so, Licensor "I have the right (but not the obligation) to,
<br /> % thou(limiting Licensor's other rights and remedies, cause any such lien, claim or encumbrance to be
<br /> removed or discharged by whatever means Licensor chooses, at the entire cost and expense of
<br /> Licensee (such costs and expenses include legal fees, disbursements and interest at the maximum rate
<br /> permitted by law until paid). Licensee and Licensee's Representatives waive all rights and/or claims
<br /> that Licensee or Licensee's Representatives may have against Licensor for unsafe conditions on the
<br /> Property and hereby accepts all risks associated with entry thereon.
<br /> 2. imurance
<br /> 2.1. Liability Insurattc_e. Before any entry upon the Property, Licensee shall procure at its
<br /> sole cast and expense and keep in effect until the close of Escrow, a policy of Commernial General
<br /> Liability Insurance. Such insurance shall. (i) include contractual liability insurance coverage; (ii) have
<br /> a minLinium combined single limit of liability of at least Two Million Dollars ($2,000,000): (iii) be
<br /> written to apply to all contracmal and indemnification obligations of Licensee under the Agreement,
<br /> and all bodily injury, Property damage, personal and advertising injuries and other covered loss,
<br /> however occasioned, occurring during the policy term; (iv) include broad farm property damage
<br /> Lawrc=PrOPDM Right of Cntry 10/18/04 2
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