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indemnity shall terminate at the time the Corrective Action is complete as set
<br /> forth in paragraph 4 of this Agreement and be of no further force or effect.
<br /> b) If underground storage tanks are used for any purpose on the j
<br /> Property at any time subsequent to the execution of this Agreement, then
<br /> Licensor agrees to indemnify, defend and hold harmless Equilon, its members,
<br /> predecessors, subsidiaries, affiliates, officers directors, employees, agents, and
<br /> each of their predecessors, successors, heirs and assigns from any and all
<br /> liabilities, losses, claims, demands, or orders including without limitation
<br /> attorneys fees, litigation costs, money damages, fines and/or penalties,
<br /> environmental response costs, natural resource damage assessments or awards
<br /> (collectively referred to as "Liabilities"), arising out of the purchase, use,
<br /> operation, maintenance, installation and/or. re oval or abandonment of
<br /> underground storage tanks at the Property by Licensor or any person allowed by
<br /> Licensor to install, use, maintain, operate, remove and/or abandon underground
<br /> storage tanks at the Property ("Third Party") whicli may be found to be
<br /> contributing to or causing_ 1) personal injury, disease or death; 2) damage or loss
<br /> to property; or 3) the need for Corrective Action at the Property or any other
<br /> property, regardless of whether or not such Liabilities are caused by the sole
<br /> negligence, concurrent negligence, gross negligence, or intentional conduct of
<br /> Licensor or Third Party, and regardless of whether or not such Liabilities are
<br /> strictly imposed by operation of law with or without fault. This indemnity shall
<br /> survive the termination of this Agreement.
<br /> 10.Assignment and Reimbursement from Trus Funds. Licensor hereby assigns
<br /> to Equilon any and all rights it may have agai ist the applicable state and federal
<br /> fund established by the state or federal government to fund or reimburse
<br /> cleanups, assessments, remediations or satisfaction of claims at UST sites
<br /> Licensor agrees to cooperate with Equilon, in luding execution of additional
<br /> documents, if necessary, in obtaining any allowable reimbursement from a state
<br /> and federal fund established by the state or fe feral government to fund or
<br /> reimburse cleanups, assessments, remediation;, or satisfaction of claims at UST
<br /> sites and that any moneys obtained from said and shall belong solely to Equilon
<br /> 10.Dispute Resolution. The Parties agree that s ould any dispute arise under this
<br /> Agreement which cannot be amicably resolved, the dispute shall be submitted to
<br /> mediation prior to being submitted to Arbitration under the rules and procedures
<br /> of the American Arbitration Association and judgment upon the award rendered
<br /> by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any
<br /> mediator or arbitrator selected by the parties shall be knowledgeable in
<br /> environmental law and/or remediation technologies.
<br /> 11.Execution of Agreement. Each of the undersigned hereby represents and
<br /> warrants that it is authorized to execute this Agreement on behalf of the
<br /> respective Party to the Agreement and that this Agreement, when executed by
<br /> those Parties, shall become a valid and binding obligation, enforceable in
<br /> accordance with its terms. Licensor represents and warrants that it is the owner
<br />
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