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AOC Site#.4912
<br /> Acquisition#. 5445
<br /> regulations, orders, and directives of appropriate governmental agencies, as such statutes, ordinances,
<br /> regulations,orders and directives now exist or provide.
<br /> 3. Permits-Licensee, at no cost or expense to Licensor, shall be responsible for obtaining any and
<br /> all governmental permits and approvals which may be necessary for it to conduct any work or activities
<br /> under this Agreement. Licensor shall coordinate and cooperate with Licensee in Licensee's activities to
<br /> obtain all necessary government permits and permissions.
<br /> 4. Liens and Claims - Licensee will not permit any mechanics', materialmen's, or similar liens or
<br /> claims to stand against the Property for labor or material furnished in connection with any work performed
<br /> by Licensee under this Agreement. Upon reasonable and timely notice of any such lien or claim delivered
<br /> to Licensee by Licensor, Licensee may bond and contest the validity and the amount of such lien, but
<br /> Licensee will immediately pay any judgment rendered, will pay all proper costs and charges, and will
<br /> 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 inconvenience
<br /> 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 against
<br /> any claims, demands,actions, suits,judgments, losses, damages, costs or expenses incurred as a result of
<br /> personal injury, property damage, civil penalties or fines to the extent proximately caused in whole or in
<br /> part by the negligent acts or omissions of Licensee or its authorized contractors and employees in
<br /> conducting the Work. However, this indemnity and hold harmless obligation shall not apply to any such
<br /> claims, demands, actions, suits,judgments, losses, damages, costs, or expenses to the extent caused by
<br /> the negligence or willful misconduct of Licensor. This indemnity is expressly conditioned on the
<br /> 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 case within
<br /> 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, representatives,
<br /> contractors and consultants prompt and ready access to the Property for the purpose of investigating any
<br /> matter to which this indemnity may apply.Licensor shall provide Licensee with copies of all investigative
<br /> reports, data, or other information in any form which Licensor, its consultants or attorneys may have
<br /> pertaining to any such matter,upon request of Licensee.
<br /> (c) Notwithstanding anything in this agreement to the contrary, in no event shall Licensee be
<br /> liable for any special, indirect or consequential damages, including, but not limited to claims for loss of
<br /> use, rents, anticipated profit or business opportunity, or business interruption, or punitive damages or
<br /> exemplary damages.
<br /> 7. Severability - In case any one or more of the provisions contained in this Agreement shall be
<br /> invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining
<br /> provisions contained herein shall not in any way be affected or impaired thereby.
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