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1 Permits - Licensee, at no cost or expense to Licensor, shall be responsible for obtaining <br /> any and all governmental permits and approvals, which may be necessary for it to conduct any <br /> work or activities under this License Agreement. Licensor shall cooperate with Licensee in <br /> Licensee's activities to obtain all necessary government permits and permissions, <br /> 4. Liens and Claims - Licensee will not permit any mechanics' materialmen's, or similar <br /> liens or claims to stand against the Property for labor or material furnished in connection with <br /> any work performed by Licensee under this License Agreement. Upon reasonable and timely <br /> notice of any such lien or claim delivered to Licensee by Licensor, Licensee may bond and <br /> contest the validity and the amount of such lien, and at its cost, and will immediately pay any <br /> judgment rendered. <br /> 5. Cooperation and Maintenance - Licensee agrees to coordinate its activities with <br /> Licensor to minimize any impairment of access by customers or business invitees of Licensor to <br /> the Property and arty inconvenience to or disruption of Licensor's business and the business of <br /> the Licencor's invitees on the Property Licensee at Licensee's sole cost and expense shall <br /> maintain the Property in good order, repair and in a clean and orderly condition. Licensor may, <br /> but shall not be obligated to perform maintenance services and the entire costs of such services <br /> shall be charged to Licensee. <br /> G. Indemnity-Licensee agrees that it will indemnify and hold Licensor harmless from and <br /> against any claims, demands, actions, suits, judgments, losses, damages, costs or expenses <br /> incurred as a result of personal injury, property damage, civil penalties or fines proximately <br /> caused in whole or in part by the negligent or intentional acts or omissions of Licensee or its <br /> contractors, employees and agents in conducting the activities under this License Agreement. <br /> This indemnity is expressly conditioned on the following: <br /> (a) In the event Licensor shall identify any matter to which this indemnity may apply <br /> or receive a notice or claim from arty third party of such matter, it shall immediately, and no later <br /> than thirty (30)days of said notice or claim,notify Licensee in writing of such claim. <br /> (b) Licensor shall cooperate with Licensee by allowing Licensee, its agents, <br /> representatives, contractors and consultants, prompt and ready access to the Property for the <br /> purpose of investigating any matter to which this indemnity may apply. Licensor shall provide <br /> Licensee with copies of ail investigative reports, data or other information in any form, which <br /> Licensor, its consultants, agents or attorneys may have pertaining to any such matter, on request <br /> of Licensee. <br /> (c) This indemnity extends only to liability found to have been due to Licensee's <br /> comparative fault and shall not extend to any liability for any claim, including future <br /> contamination, determined to have been due to acts or omissions of Licensor, its agents, its <br /> predecessor, successors or assigns, or any third party. <br /> (d) Notwithstanding anything in this agreement to the contrary, in no event shall <br /> either Party be liable to the other Party for any special, indirect or consequential damages, <br /> including but not limited to claims for loss of use, rents, anticipated profits or business <br /> 2 <br /> NOU 09 2005 16:09 PRGE.04 <br />