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<br />1/6/06 DO NOT RECORD
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<br />(c) Licensee shall, at its sole cost and expense, maintain and repair the
<br />License Area including, but not limited to, the removal of all trash, debris,
<br />graffiti, as well as any special intensive cleaning. If Licensee causes any
<br />damage to the Property, to the License Area or to access roadways or other
<br />nearby facilities, it shall properly repair same as specified by Licensor.
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<br />(d) Licensee shall surrender the License Area in good and clean condition,
<br />less ordinary wear and tear.
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<br />(e) Quiet Enjoyment. Upon Licensee paying the license fee reserved
<br />hereunder, and observing and performing all of the covenants, conditions,
<br />and provisions on Licensee's part to be observed and performed
<br />hereunder, Licensee shall have quiet possession of its License Area for the
<br />entire term hereof, subj ect to all the provisions of this License.
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<br />Section 3.02 Liens
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<br />Licensee will not permit any mechanics' or materialmens' or other liens to stand against
<br />the License Area by reason of any use or occupancy by Licensee, or any person claiming
<br />under Licensee.
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<br />ARTICLE 4 - INDEMNITY AND INSURANCE
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<br />Section 4.01 Indemnification, Defense, Hold Harmless
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<br />a. Licensee shall indemnify, defend, and hold harmless Licensor from
<br />and against any and all liability, loss, damage, expense, costs
<br />(including reasonable costs and fees oflitigation) due to bodily injury,
<br />including death, to any person, or loss or damage (including loss of
<br />use) to any property caused by the sole and direct willful misconduct
<br />of Licensee, its employees or agents, in connection with this License.
<br />b. Licensee shall cover its indemnity obligations under its corporate-wide
<br />self insurance program, a L""UG.a. v[ intl6mniH~ati8H shall be provided
<br />to Licensor. letter of self lnsurance
<br />c. Licensee shall cause all of its subcontractors who perform work at the
<br />License Area to add Licensor and Licensee as additional insureds on
<br />subcontractors' general and auto liability insurance policies.
<br />d. To the extent permitted by law, Licensor shall indemnify, defend and
<br />hold harmless Licensee, its officers, officials, employees and agents
<br />from and against any and all liability, loss, damage, expense, costs
<br />(including reasonable costs and fees oflitigation) due to bodily injury,
<br />including death, to any person, or loss or damage (including loss of
<br />use) to any property, caused by the willful misconduct of Licensor, its
<br />officers, officials, directors, its employees or agents in connection with
<br />this License, except for any loss or damage or portion of loss that is
<br />caused by the willful misconduct of Licensee.
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