at its option, terminate this Agreement immediately and require LICENSEE to immediately leave the Project.
<br />Owner may deny LICENSEE access to the Area and/or the Project at any time.
<br />7. LICENSEE shalt not place any signs upon the Area or the Project without first receiving the
<br />Owner's prior written consent. During the Term, LICENSEE hereby covenants and agrees: (a) to comply with all
<br />federal, state, and municipal laws, orders, rules and regulations; (b) to maintain insurance requested by the Owner,
<br />naming both the Owner and its manager, Tiarna Real Estate Services, Inc., as additional insured.
<br />8. In no event shall the Owner be liable to LICENSEE or any of LICENSEE'S employees and
<br />agents for any actual, incidental, punitive, or consequential damages of any nature whatsoever, regardless of the
<br />foreseeability thereof and whether LICENSEE notifies OWNER of the possibility thereof. LICENSEE hereby
<br />assume all risk of damage to property and injury to persons in, on or about the Project in any way related to or
<br />arising out of or related to LICENSEE's use of the Area and/or access to the Project, including, but not limited to
<br />anything related to: (a) the negligent or willful act or omission of LICENSEE or their agents, servants, employees,
<br />invitees contractors or, representatives, (b) LICENSEE's failure to comply with any laws, rules or regulations, or
<br />(c) from any cause, other than the direct active gross negligence or intentional misconduct of Owner and its
<br />managers and agents. Without limiting the generality of the foregoing, the Owner shall not be liable for injury or
<br />damage which may be sustained by persons, goods, wares, merchandise or property of LICENSEE or their
<br />employees, invitees or any other person in or about the Project caused by or resulting from theft, criminal
<br />conduct, from tire, steam, electricity, gas, water or rain, which may leak or flow from or into any part of the Area
<br />or Project, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers; wires, appliances,
<br />plumbing, heating, air conditioning or lighting fixtures of the same, whether the damage or injury results from
<br />conditions arising upon the Project, or from other sources, or from the negligent or willful misconduct of any
<br />person or party, except that the foregoing waiver and release of Owner shall not apply to any claim arising from
<br />the direct active gross negligence or intentional misconduct of Owner. Furthermore, the Owner shall not be liable
<br />for any damages arising from any act or omission of any trespasser or other person that enters the Project.
<br />LICENSEE and their successors and assigns shall indemnify, defend (with counsel reasonably satisfactory to
<br />Owner) and hold Owner and Tiarna Real Estate Services, Inc. and their owners, officers, partners, agents,
<br />managers, vendors and employees of any of them and anyone else acting for or on Owner's behalf ("Owner's
<br />Related Parties") harnnless from and against any and all toss, costs; debts, obligations, lawsuits; causes of action,
<br />damage, attorneys' fees and expense or other liabilities arising after execution of this Agreement, based on or in
<br />any way related to or arising out of (a) the negligent or willful act or omission of LICENSEE or their agents,
<br />servants, employees, contractors, invitees, or representatives, (b) any access to the Project and/or related to the
<br />Approved Use, (c) LICENSEE's failure to comply with any laws, rules or regulations, or (d) anything occurring
<br />while LICENSEE is at the Project, but excluding claims based on the Owner's direct active grossly negligent acts
<br />or omissions or willful misconduct. The foregoing indemnity will survive the termination, cancellation or
<br />expiration of this Agreement, To the fullest extent permitted by law, LICENSEE 'further agrees to indemnify and
<br />defend Owner and Tiarna Real Estate Services, Inc. and their Owner's Related Parties in any actions brought
<br />against Owner, Tiarna Real Estate Services, Inc. and/or any of the Owner's Related Parties by LICENSEE's
<br />employees or agents seeking compensation of injuries while on the job or while accessing the Project, including
<br />all actions seeking compensation for injuries beyond the payments due from workers' compensation insurance. In
<br />claims, against any person or entity indemnified under this paragraph, by an employee of the LICENSEE or
<br />anyone directly or indirectly employed by them or anyone whose acts they may be liable, the indemnification
<br />obligations under this paragraph shall not be limited by a limitation on account or type of damages, compensation
<br />or benefits payable by or for under worker's or workmen's compensation acts, disability benefits acts or other
<br />employee benefit acts.
<br />9. LICENSEE shall maintain commercial general liability insurance and property damage insurance
<br />with a minimum limit of TEN MILLION DOLLARS ($10,000,000) combined single limits, pertaining to and
<br />protecting against liability arising from the activities conducted at the Project by LICENSEE, LICENSEE shall
<br />also provide and maintain in force all workers' compensation and other fonns of insurance that may be required
<br />by law. LICENSEE shall cause Owner and Tiama Real Estate Services, Inc., its management company, to be
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