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6. Condition of the PrrmeC[, At all times during the term of this Agreement and In
<br /> connection with licensee's and/or its Representatives' access to the Property, Licensee shall, at Its own
<br /> cost and expense, take any necessary action to keep the Property and any improvements and personalty
<br /> thereon, and all facilities appurtenant thereto, in good order and repair and safe condition, and the whole
<br /> of said Property in a clean, sanitary and orderly condition including, without limitation, ensuring that any
<br /> holes, ditches or other indentations (except any permanent groundwater monitoring wells to be installed
<br /> as part of the Investigation), as well as any mounds or other inclines created by any excavation, are
<br /> regraded and resurfaced to conform to the requirements of this paragraph.
<br /> 7. R=alr. If any portion of the Property (including improvements and fixtures on,
<br /> and the subsurface portion of, the Property) suffers damage by reason of the access of Licensee or its
<br /> Representatives to the Property, including but.not limited to damage arising from the installation and/or
<br /> operation of the two groundwater monitoring wells, or any sampling or testing conducted upon the
<br /> Property, Licensee shall, at its own cost and expense, immediately repair ail such damage or replace any
<br /> damaged portion of the Property and restore the Property to its condition prior to the occurrence of such
<br /> damage. Repair of damage includes, without limitation, regrading and resurfacing any holes, ditches or
<br /> other indentations, as well as any mounds or other inclines created by any excavation by Licensee and/or
<br /> Its Representatives, provided however, that any groundwater monitoring wells to be installed as pan of
<br /> the Investigation shall he closed and properly abandoned in accordance with all Laws, and that the mounds
<br /> or inclines created by the caps and covers of such groundwater monitoring wells shall be removed and
<br /> resurfaced to the extent technically feasible and permissible under such Laws. Licensee's plans for the
<br /> closure and abandonment of any groundwater monitoring wells and the removal and/or resurfacing of the
<br /> caps and covers of such wells, which are described in detail in Licensee's Work Plan attached hereto as
<br /> Fxhiblt 'A," shall be fully implemented and completed, in accordance with all Laws, prior to the
<br /> termination of this Agreement.
<br /> 8. Assumption of Risk and Walver Licensor shall not by responsible for any loss,
<br /> damage or injury of any kind to any person or property arising from any access to or use of the Property
<br /> by Licensee and/or its Representatives or caused by any defect In any building, snvcture or other
<br /> improvement on the Property or in any equipment or other facility on the Property, or caused by or arising
<br /> from any as or omission of Licensee and/or any of its Representatives, or by or from any accident on the
<br /> Property or any fire or other casualty thereon, or occasioned by the failure of Licensor to maintain the
<br /> Property in safe condition, or arising from any Other cause wbatsoever, except to the extent caused by the
<br /> gross negligence or intentional misconduct of Licensor. Licensee, on behalf of itself and its
<br /> Representatives, as a material pan of the consideration for this Agreement hereby waives all claims and
<br /> demands against Licensor for any such loss, damage or injury of Licensee and/or its Representatives.
<br /> 9. Lademnification. Licensee, on behalf of itself, and its successors and assigns,
<br /> agrees to protect, indemnify, defend, and hold harmless Licensor, its officers, directors, employees,
<br /> agents,successors and assigns from and against any and all liabilities, claims, demands, suits,judgements,
<br /> causes of action (including, but not limited to, causes of action arising under the Comprehensive
<br /> Ervironnrental Response, Compensation and Liability Act.of 1980, as amended, 42 US C. § 9601 eLesq„
<br /> and any other federal, state or local environmental, health, or safety law, regulation, or judicial or
<br /> administrative order), losses, damages (including..con.mquentlal damages), costs, injuries, penalties,
<br /> enforcement actions, fines, taxes, remedial actions, removal and disposal costg, and expenses (including
<br /> without limitation reasonable attorneys fees and litigation and/or administrative proceeding costs, experts'
<br /> r:,-A eorathants' fees, and laboratory costs), sums paid in settlement of claims, whether direct or Indirect,
<br /> known or unknown, arising out of, related in any way to , or resulting from or in connection with, In whole
<br /> tr in part, (a) the access to and use of the Property by Licensee and/or its Representatives or (b) the
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