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4. Licensee Responsibilities. By execution of this Agreement, Licensee agrees for
<br />itself and on the behalf of all Licensee Parties as follows;
<br />(a) Licensee, together with its employees, agents, and representatives, by,
<br />through, or at the direction or invitation of Licensee, are collectively referred to herein as the
<br />"Licensee Parties." Licensee shall be responsible for the Licensee Parties and shall cause the
<br />Licensee Parties to comply with the terms of this Agreement.
<br />(b) All acts and things done by Licensee on the Property will be done in a
<br />careful and reasonable manner, in accordance with all federal, state and local laws, ordinances,
<br />and regulations, and permits. Licensee agrees that any use it makes of the Property as specified
<br />herein shall be affected with all reasonable diligence and precaution to avoid damage to the land,
<br />property or personnel of City.
<br />(c) That Licensee will not permit any dangerous condition or waste to be
<br />created on the Property. Licensee shall at all times be in compliance with all federal, state, and
<br />local statutory and regulatory requirements, including, but not limited to, the US EPA, Cal EPA,
<br />State Water Resources Control Board, Department of Toxic Substances Control and South Coast
<br />Air Quality Management District, as applicable.
<br />(d) Licensee agrees and acknowledges that nothing herein is intended, nor
<br />shall it be interpreted, as to bind the Licensor to issue or grant any permits or entitlements needed
<br />to perform the work specified in section 1 of this Agreement.
<br />(e) Licensee shall enter the Property entirely at its own cost, risk and expense.
<br />Licensor makes no representation or warranty of any kind as to the condition of the Property or
<br />any other matter relating to Licensee's use of the Property. Licensee hereby disclaims and
<br />waives any and all objections to the physical and other characteristics and conditions of the
<br />Property. Licensee acknowledges and agrees that the use of the Property will be on the basis of
<br />Licensee's own investigation of the condition of the Property. The license to use the Property
<br />shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or
<br />warranty expressed or implied by Licensor, or by operation of law. Licensor expressly
<br />disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition
<br />or fitness for a particular put -pose or use. Licensee's use of the Property shall be subject to the
<br />Property being in a usable and safe condition at the time of Licensee's use, and Licensee shall be
<br />responsible for determining whether the Property is in such condition. In connection therewith,
<br />in the event that the Property or access thereto is damaged or obstructed or the use by Licensee is
<br />otherwise impaired, prevented or limited, Licensor shall have no obligation or duty to repair the
<br />damage or rectify the condition to make the Property usable or safe.
<br />(f) Licensee shall not permit any mechanics', materialmen's or other liens of
<br />any kind or nature ("Liens") to be filed or enforced against the Property in connection with this
<br />Agreement. Licensee shall indemnify, defend and hold harmless Licensor from all liability for
<br />any and all liens, claims and demands, together with costs of defense and reasonable attorneys'
<br />fees, arising from any Liens. Licensor reserves the right, at its sole cost and expense, at any time
<br />and from time to time, to post and maintain on the Property, or any portion thereof, or on the
<br />improvements on the Property, any notices of non -responsibility or other notice as may be
<br />desirable to protect Licensor against liability. In addition to, and not as a limitation of Licensor's
<br />other rights and remedies under this Agreement, should Licensee fail, within ten (10) days of
<br />written request from Licensor, either to discharge any Lien or to bond for any Lien, or to defend,
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