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RM&R Site No. 1660
<br />Acquisition No. 7470
<br />3. Permits -Licensee, at no cost or expense to Licensor, shall be responsible for obtaining
<br />any and all governmental permits and approvals which may be necessary for it to conduct any
<br />work or activities under this License Agreement. Licensor shall coordinate and cooperate with
<br />Licensee in Licensee's activities to obtain all necessary government permits and permissions.
<br />4. Liens and Claims -Licensee will not permit any mechanics', materialmen's, or similar
<br />liens or claims to stand against the Property for labor or material furnished in connection with any
<br />work performed by Licensee under this License Agreement. Upon reasonable and timely notice of
<br />any such lien or claim delivered to Licensee by Licensor, Licensee may bond and contest the
<br />validity and the amount of such lien, but Licensee will immediately pay any judgment rendered,
<br />will pay all proper costs and charges, and will have the lien or claim released at its sole expense.
<br />5. Cooperation -Licensee agrees to coordinate its activities with Licensor to minimize any
<br />impairment of access by customers or business invitees of Licensor to the Property and any
<br />inconvenience to or disruption of Licensor's business on the Property.
<br />6. Indemnity -Licensee agrees that it will indemnify and hold Licensor harmless from and
<br />against any claims, demands, actions, suits, judgments, losses, damages, costs, or expenses
<br />incurred as a result of personal injury, property damage, civil penalties, or fines proximately
<br />caused by the negligent acts or omissions of Licensee or its authorized contractors, employees and
<br />agents in conducting the activities under this License Agreement. However, this indemnity and
<br />hold harmless obligation shall not apply to any such claims, demands, actions, suits, judgments,
<br />losses, damages, costs, or expenses to the extent caused by the sole negligence, gross negligence,
<br />or willful misconduct of Licensor. This indemnity is expressly conditioned on the following:
<br />(a) In the event Licensor shall identify any matter to which this indemnity may apply or
<br />receive a notice or claim from any third party of such matter, it shall immediately, and in every
<br />case within thirty (30) days of said notice or claim, notify Licensee in writing of such matter.
<br />(b) Licensor shall cooperate with Licensee by allowing Licensee, its agents,
<br />representatives, contractors and consultants, prompt and ready access to the Property for the
<br />purpose of investigating any matter to which this indemnity may apply. Licensor shall provide
<br />Licensee with copies of all investigative reports, data or other information in any form which
<br />Licensor, its consultants, agents or attorneys may have pertaining to any such matter, on request of
<br />Licensee.
<br />(c) Notwithstanding anything in this agreement to the contrary, in no event shall either
<br />party be liable to the other party for any special, indirect, or consequential damages including, but
<br />not limited to, claims for loss of use, rents, anticipated profit or business opportunity, or business
<br />interruption.
<br />7. Severability - In case any one or more of the provisions contained in this Agreement shall
<br />be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the
<br />remaining provisions contained herein shall not in any way be affected or impaired thereby.
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<br />Form Rev. 11/29/07
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