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2. Term. The term of this License Agreement shall be from the Effective Date through and including the earliest of: (i) the close of escrow and/or acceptance of dedication of the Licensed Area or (ii) Licensee's completion of all activities on the Licensed Area ("Term"). In addition, this License Agreement may be terminated by Licensor upon ten (10) business days' notice to Licensee in the event of a breach by Licensee of any of the terms of this License Agreement that is not cured within such ten (10) business day period. 3. Conditions of License. This License and all rights granted hereunder shall be expressly conditioned upon Licensee obtaining all appropriate permits and approvals from the applicable public agency prior to performing any work related thereto as well as obtaining all insurance coverage as required below prior to entry upon the Licensed Area. Licensee specifically acknowledges that upon the close of escrow and/or acceptance of dedication of the Licensed Area, Licensee shall accept the property in its "as is, where is and without fault" condition. Licensor shall not be required to re compact, recertify or otherwise repair the Licensed Area in any manner whatsoever. Licensee shall not subordinate any land within the Licensed Area to any loan during the term of this License Agreement or at any time prior to Licensee's close of escrow and/or acceptance of dedication of the title of the Licensed Area. Licensee further acknowledges that any construction area must be surrounded by privacy fencing and may not encroach upon the public street. LICENSEI#__� 4. Indemnity. Licensee shall not damage the Licensed Area. Licensee shall indemnify, defend, hold harmless and reimburse Licensor for any and all damages, claims, losses, liabilities,expenses or demands including without limitation third-party claims caused by the entry onto and/or activities upon the Licensed Area or performance under this License Agreement by Licensee or any of Licensee's Representatives, 5. Insurance. Licensee shall carry general liability insurance in the minimum amount of$1,000,000 per occurrence and in the aggregate and provide a certificate of such insurance to Licensor as Licensor which names Califia, LLC, and River Islands Development, LLC, as additional insureds with all endorsements required herein prior to entry upon the Licensed Area. The general liability insurance shall also be endorsed to provide that it is primary with respect to any insurance carried by Licensor and shall further include an additional insured endorsement and a waiver of subrogation endorsement. 6. Miscellaneous. In the event of any action by Licensor or Licensee concerning the subject matter of this License Agreement, the prevailing party shall be entitled to recover from the non-prevailing party its costs and expenses of enforcing its rights hereunder including actual attorneys' fees and costs. The terms and conditions of this License Agreement shall be binding upon and inure to the benefit of the parties' successors and assignees. This License Agreement shall be governed by California law. If any provision of this License Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the License Agreement shall continue in full force and effect and shall in no way be impaired or invalidated, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. All exhibits are attached hereto and incorporated herein by this reference. This License Page 2 of 9