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<br /> a ' YS
<br /> 4 applicable utility companies and shall take all steps necessary to prevent damage to or disruption
<br /> of all utilities and utility service and other equipment and systems.
<br /> 6. Liability; Liens. Licensee shall enter the Property and perform activities under
<br /> this Agreement at its own risk. Licensee 4accepts the Property in "as is" condition. Neither
<br /> Owner,nor its agents, attorneys,representatives or employees have made, nor do they make, any
<br /> representations or walranties, express or implied, including, but not limited to, any warranty of
<br /> the suitability of theProperty for the purposes to which Licensee intends to use it nor of the
<br /> geology, hydrology or environmental conditions on the Property. Licensee acknowledges that,
<br /> as between Licensee and Owner, Owner has no obligation to improve, remediate, maintain,
<br /> repair,replace or restore any portion of, or any condition on,the Property during the term of this
<br /> IE Agreement and Licensee agrees it will take no action to assert such an obligation by Owner.
<br /> Licensee shall keep the Property free and clear of all�mechanic's, materialmen's and
<br /> other liens and encumbrances related to.the Work and any activities performed hereunder and
<br /> shall indemnify Owner for any cost or ekpense Owner incurs to remove any such liens or
<br /> encumbrances.
<br /> 7. Waste Containerization, Storage and Removal. Licensee agrees that it is the sole
<br /> generator of waste materials generated during its investigation; that all such materials-shall be
<br /> placed in leakproof;containers and removed from the Property on the same day of their
<br /> generation, unless otherwise specified in writing by Owner's Work Representative, and that all'
<br /> such waste materials shall be containerized, marked, labeled, stored, disposed and otherwise
<br /> it �
<br /> managed in accordance with all applicable laws and regulations of local, state and. federal
<br /> government. For purposes of this agreement, "waste materials" means materials, generated by
<br /> the activities of Licensee,which are required,by applicable law,'to be stored,treated or disposed
<br /> off of the Property.
<br /> ion of Boreholes, Wells. Not later than the
<br /> 8. Restoration of Surface; Restorat
<br /> expiration or termination of this license, Licensee shall remove all of its equipment, materials
<br /> and fabrications from the Property. If the surface of the Property or any improvements-thereon
<br /> shall be disturbed from time to time by the Work, then, upon completion of Work, or the .
<br /> applicable portion thereof, the surface or improvements shall be promptly restored by Licensee,
<br /> at Licensee's sole cost and expense,to its condition immediately prior to such disturbance.
<br /> Licensee shall, as soon as practicable but in no event to exceed thirty(30) days after the
<br /> boreholes or wells are no longer useful to the investigation,backfill or close out such boreholes
<br /> or wells according to applicable standards and restore the Property to its condition immediately
<br /> prior to installation of the boreholes or wells.
<br /> 9. Indemnification; Release. Licensee shall defend, indemnify, and hold harmless
<br /> Owner and its direct and indirect partners,°members, lenders, affiliates, investors, store owners,
<br /> tenants and other occupants of the Shopping Center (along with any and all of their officers,
<br /> directors, agents, and employees), and their successors and assigns (collectively, the
<br /> "Indemnified Parties°'), from and against any and all liability, loss (including,without limitation,
<br /> injuries to or death of any person or persons or damage to the personal property of any person or
<br /> entity), claim (including, without limitation, any claim based on strict liability), damage, cost,
<br /> and expense of any kind or nature whatsoever(including, without limitation,reasonable attorney
<br /> a
<br /> and consultant fees and expenses),whether or not due to any alleged act,omission or negligence
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