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DO NOT RECORD <br />12/06/05 <br />governmental approvals, required in connection with Licensee's activities hereunder, and <br />update such permits /approvals as necessary. <br />Section 8.05 Binding on Heirs and Successors <br />This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, <br />administrators, successors, and assigns of the parties hereto. The provisions of this <br />Section shall not be deemed to be a waiver of any of the conditions against assignment <br />set forth herein. <br />Section 8.06 Partial Invalidity <br />Should any provision of this Agreement be held by a court of competent jurisdiction to be <br />either invalid, void, or unenforceable, the remaining provisions of this Agreement shall <br />remain in full force and effect unimpaired by the holding, so long as the reasonable <br />expectations of the parties hereto are not materially impaired. <br />Section 8.07 Waste or Nuisance <br />Licensee shall not commit or permit the commission by others of any waste on the <br />License Area. Licensee shall not maintain, commit, or permit the maintenance or <br />commission of any nuisance as defined in Section 3479 and/or Section 3480 of the <br />California Civil Code on the Premises or License Area; and Licensee shall not use or <br />permit the use of the License Area for any unlawful purpose. <br />Section 8.08 Repairs <br />Licensee shall be required to make any repairs to the License Area occurring from <br />damages caused by Licensee, its employees, agents, contractors, and subcontractors. <br />Section 8.09 Time of Essence <br />Time is expressly declared to be of the essence in this Agreement. <br />Section 8.10 Governing Law <br />This Agreement has been executed and delivered in the State of California and the <br />validity, interpretation, performance, and enforcement of any of the clauses of this <br />Agreement shall be determined and governed by the laws of the State of California. Both <br />parties further agree that Orange County, California, shall be the venue for any action or <br />proceeding that may be brought or arise out of, in connection with or by reason of this <br />Agreement. <br />13 <br />