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block to this Access Agreement) and their tenants and subtenants as <br /> additional insureds: Comprehensive General Liability ($2, 000, 000 <br /> CSL) and Automobile Liability ($1, 000, 000 CSL) . <br /> 8 . Indemnification. Permittee shall protect, indemnify, <br /> defend and hold harmless Permittor, Permittor's predecessors-in- <br /> interest (as defined in the signature block to this Access <br /> Agreement) , and their respective heirs, personal representatives, <br /> successors and assigns, tenant (s) , and tenant 's subtenants, from <br /> and against any and all claims, costs, expenses and liabilities for <br /> any damage caused to any structure, landscaping, fixture or <br /> improvement to or personal property on the Subject Property; for <br /> any bodily or personal injury or wrongful death arising from the <br /> performance of the Permitted Activities on the Subject Property by <br /> Permittee and Permittee' s Agents; and for any fines that may be <br /> imposed by governmental authorities as a result of the Permitted <br /> Activities; except to the extent caused by the negligent acts or <br /> omissions or willful misconduct of Permittor, Permittor' s <br /> predecessors-in-interest, Permittor' s tenant (s) or tenant 's <br /> subtenants. <br /> 9. Cooperation With Permitted Activities. Permittor, <br /> Permittor's tenant (s) and tenant ' s subtenants shall reasonably <br /> cooperate in all respects with Permittee and Permittee 's Agents to <br /> effectuate the Permitted Activities, and shall not unreasonably <br /> withhold permission to carry out, and shall not interfere with, <br /> such activities as may be necessary for Permittee to enjoy its <br /> rights or fulfill its obligations under this Access Agreement. <br /> 10 . Non-Waiver of Other Rights. Nothing herein shall <br /> constitute an admission or acknowledgment of any fact, liability, <br /> responsibility or fault, or proportionate share thereof, for any <br /> conditions at, on, or beneath the Subject Property or the Site. <br /> Nor shall this Access Agreement be used as evidence of any <br /> admission, acknowledgment or liability. Nothing in this Access <br /> Agreement shall be construed or is intended to modify or waive any <br /> rights among the Parties which may exist otherwise. <br /> 11 . Notices . Any notice required or permitted to be given <br /> hereunder shall be in writing and delivered by mail or sent by <br /> facsimile to the respective addresses or facsimile numbers set <br /> forth below, or to such other place as Permittee, Permittor or <br /> Permittor Is tenant s) and tenant ' s subtenants may from time to time <br /> designate by notice to the other. Permittee shall provide <br /> Permittor' s legal counsel with copies of any notices sent to or <br /> received from any regulatory agencies concerning the Subject <br /> Property, as well as copies of any data and analyses concerning the <br /> scope of contamination on or beneath the Subject Property. <br /> SF 122493.3 99980 00100 <br /> 10/20/99 12:00 PM 5 <br />