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RM&R Site#:1487
<br /> Acquisition#:5886
<br /> 2. Compliance with Laws - Licensee shall conduct all operations which are the subject of
<br /> this License in compliance with all federal, state, and municipal statutes and ordinances, and with
<br /> all regulations, orders, and directives of appropriate governmental agencies, as such statutes,
<br /> ordinances, regulations, orders and directives now exist or provide.
<br /> 3. 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 coordinate and cooperate with
<br /> Licensee in 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 any
<br /> work performed by Licensee under this License Agreement. Upon reasonable and timely notice of
<br /> any such lien or claim delivered to Licensee by Licensor, Licensee may bond and contest the
<br /> validity and the amount of such lien, but Licensee will immediately pay any judgment rendered,
<br /> will pay all proper costs and charges, and will have the lien or claim released at its sole expense.
<br /> 5. Cooperation - Licensee agrees to coordinate its activities with Licensor to minimize any
<br /> impairment of access by customers or business invitees of Licensor to the Property and any
<br /> inconvenience to or disruption of Licensor's business on the Property.
<br /> 6. 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 by the negligent acts or omissions of Licensee or its authorized contractors, employees and
<br /> agents in conducting the activities under this License Agreement. However, this indemnity and
<br /> hold harmless obligation shall not apply to any such claims, demands, actions, suits, judgments,
<br /> losses, damages, costs, or expenses to the extent caused by the sole negligence, gross negligence,
<br /> or willful misconduct of Licensor. This indemnity is expressly conditioned on the following:
<br /> (a) In the event Licensor shall identify any matter to which this indemnity may apply or
<br /> receive a notice or claim from any third party of such matter, it shall immediately, and in every
<br /> case within thirty (30) days of said notice or claim, notify Licensee in writing of such matter.
<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 all 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 of
<br /> Licensee.
<br /> (c) Notwithstanding anything in this agreement to the contrary, in no event shall either
<br /> party be liable to the other party for any special, indirect, or consequential damages including, but
<br /> not limited to, claims for loss of use, rents, anticipated profit or business opportunity, or business
<br /> interruption.
<br /> Page 2 of 4
<br /> Rev. 11129108
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