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<br />(e) Walnut Street shall not permit any mechanics', materialmen's or other
<br />liens of any kind or nature ( "Liens ") to be filed or enforced against the Property in connection
<br />with this Agreement. Walnut Street shall indemnify, defend and hold harmless City from all
<br />liability for any and all liens, claims and demands, together with costs of defense and reasonable
<br />attorneys' fees, arising from any Liens. City reserves the right, at its sole cost and expense, at
<br />any time and from time to time, to post and maintain on the Property, or any portion thereof, or
<br />on the improvements on the Property, any notices of non - responsibility or other notice as may be
<br />desirable to protect City against liability. In addition to, and not as a limitation of City's other
<br />rights and remedies under this Agreement, should Walnut Street fail, within ten (10) days of
<br />written request from City, either to discharge any Lien or to bond for any Lien, or to defend,
<br />indemnify, and hold harmless City from and against any loss, damage, injury, liability or claim
<br />arising out of a Lien, then City, at its option, may elect to pay such Lien, or settle or discharge
<br />such Lien and any action or judgment related thereto and all costs, expenses and attorneys' fees
<br />incurred in doing so shall be paid to City, as applicable, by Walnut Street upon written demand.
<br />(f) Walnut Street shall not have any interest in the Property or be entitled to
<br />any reimbursement or repayment for any work performed upon the Property pursuant to this
<br />Agreement.
<br />(g) Walnut Street shall take all necessary precautions to prevent the import
<br />and/or release into the environment of any hazardous materials which are imported to, in, on or
<br />under the Property during this right of entry. If hazardous materials are imported onto the
<br />Property as a result of the surveying and geotechnical soil testing, Walnut Street shall be solely
<br />responsible for removing such imported hazardous materials in conformance with all
<br />governmental requirements. Walnut Street shall report to the City, as soon as possible after each
<br />incident, any unusual or potentially important incidents with respect to the environmental
<br />condition of the Property.
<br />3. Indemnity. Walnut Street hereby agrees to defend, indemnify and hold the City
<br />and its officers, officials, members, employees, agents and representatives, harmless from and
<br />against any and all loss, damage, injury, liability, claim, cost or expense (including, without
<br />limitation, reasonable attorneys' fees, expert witness fees, court costs, and expenses) arising from
<br />or attributable to the activities of Walnut Street or any of its employees, agents, consultants or
<br />contractors upon the Property pursuant to this Agreement. All use of and entry upon the
<br />Property shall be at the sole cost, risk and expense of Walnut Street. Walnut Street recognizes
<br />and understands that should this Agreement be deemed by the County of Orange to create a
<br />possessory interest subject to property taxation, that Walnut Street shall be subject to the payment of
<br />property taxes levied on such interest, and that it shall defend, indemnify and hold the City and its
<br />officers, officials, members, employees, agents and representatives, harmless from and against
<br />any and all such claims.
<br />4. License Payment. Upon the first day of the month following final City approval
<br />of Exhibit A to this Agreement, and the first of each month so long as this Agreement is in
<br />effect, Walnut Street shall pay to City a monthly license fee of $600.00 payable on the date of
<br />this Agreement, and every thirty (30) days thereafter.
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