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7. Indemnity-Licensees agree that they shall indemnify and hold harmless Owner and
<br /> Tenant and their respective co-trustees,representatives,successors,assigns,shareholders,officers,
<br /> directors,employees,and heirs,as well as their respective invitees from and against any claims,demands,
<br /> actions,suits,fines,judgments,losses,damages,costs or expenses incurred as a result of personal injury,
<br /> property damage,civil penalties or fines proximately caused, in whole or in part,by the acts or omissions
<br /> of Licensees or their authorized contractors,employees,and agents whether or not such acts arise from
<br /> Licensees'negligence,active or passive,when conducting the activities under this Access Agreement.
<br /> This duty of indemnification shall extend beyond the termination of the License granted herein.
<br /> 8. Insurance- Without in any manner limiting or replacing the duties of indemnification set
<br /> forth in the preceding Section 7, Licensees shall provide that the"John& Ann Christensen Trust"be
<br /> named as additional named insured under at least one policy of liability insurance coverage obtained by
<br /> Licensees and/or their consultants or contractors for the activities and operations undertaken pursuant to
<br /> this Access Agreement,which coverage shall provide for minimum limits of one million dollars
<br /> ($1,000,000.00)per occurrence or two million dollars($2,000,000.00)aggregate.
<br /> 9. Severability- In case anyone or more of the provisions contained in this Access
<br /> Agreement shall be found to be invalid,illegal,or unenforceable in any respect,the validity,legality,and
<br /> enforceability of the remaining provisions contained herein shall not in any way be affected or impaired
<br /> thereby.
<br /> 10. 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 registered
<br /> United States mail,return receipt requested,postage prepaid,or by facsimile machine,with transmission
<br /> and receipt confirmed,or by electronic mail transmission,or by a nationally recognized overnight
<br /> delivery service,addressed as follows:
<br /> To Owner: John&Ann Christensen Trust
<br /> 349 Scenic Place
<br /> Manteca,CA 95337
<br /> To Licensee: Ami Adini&Associates, Inc.
<br /> 4130 Cahuenga Blvd.,Suite 113
<br /> Los Angeles,CA 91602
<br /> Phone:(818)824-8102
<br /> Fax: (818)824-8112
<br /> The person and the place to which notices are to be mailed may be changed by either party by
<br /> providing written notice of same to the other.
<br /> 10. Assignment, Successors.and Assigns-This Access Agreement may be assigned
<br /> by either party and in such event shall be binding upon and inure to the benefit of the Parties'respective
<br /> representatives,successors and assigns.
<br /> H.. Entire Agreement-This Access Agreement represents the full,complete and
<br /> entire agreement between the Parties with respect to the subject matter hereof. It may not be modified
<br /> unless done so in writing executed by the Party or Parties to be bound.
<br /> 12. Non-Waiver-Nothing contained in this Access Agreement shall constitute or be
<br /> construed as a waiver of any claim or right of action that Owner may have against Callahan,and others,
<br /> as a result of the petroleum hydrocarbon contamination that is the subject of SDDEH Order H03430-001
<br /> and/or has given rise to the need for this Access Agreement.
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