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4. Liens and Claims - Licensee will not permit any mechanics' materialmen's, or similar liens
<br /> or claims to stand against the Property for labor or material furnished in connection with any work
<br /> performed by Licensee under this License Agreement. Upon reasonable and timely notice of any
<br /> such lien or claim delivered to Licensee by Licensor, Licensee may bond and contest the validity
<br /> and the amount of such lien, but Licensee will immediately pay any judgment rendered, will pay all
<br /> 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. Indemni - Licensee agrees that it will indemnity 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 caused
<br /> in whole or in part by the negligent acts or omissions of Licensee or its authorized contractors,
<br /> employees and agents in conducting the activities under this License Agreement. This indemnity is
<br /> 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 case
<br /> 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
<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 contamination,
<br /> determined to have been due to acts or omissions of Licensor, its agents, its predecessor,
<br /> successors or assigns, or any third party.
<br /> (d) Notwithstanding anything in this agreement to the contrary, in no event shall
<br /> Licensee be liable for any special, indirect or consequential damages, including but not limited to
<br /> claims for loss of use, rents, anticipated profit or business opportunity, or business interruption or
<br /> mental or emotional distress or fear of injury or disease or punitive or exemplary damages.
<br /> 7. Severability - In case any one or more of the provisions contained in this Agreement shall
<br /> be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the
<br /> remaining provisions contained herein shall not in any way be affected or impaired thereby.
<br /> 8. Notices - Any notice provided for herein or otherwise required to be given hereunder shall
<br /> be deemed received when personally served or three (3) days after mailing by certified or
<br /> registered United States mail, return receipt requested, postage prepaid, or by facsimile machine,
<br /> with transmission and receipt confirmed, or by nationally recognized overnight delivery service,
<br /> addressed as follows:
<br /> To Licensor: Mr. Hardev & Mrs. Armilt Khinda
<br /> 27000 S. Leeward Way
<br /> Tracy, CA 95304
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