Laserfiche WebLink
hazardous materials introduced to the Property by any party other than <br /> LICENSEE during any period prior to commencement of LICENSEE's period of <br /> use of the Premises. <br /> H. LICENSEE shall further defend, indemnify, and hold harmless LICENSOR, and <br /> LICENSOR's directors, officers, and employees, from any and all <br /> responsibilities, liabilities, penalties, and claims for damages resulting from the <br /> presence or use of hazardous materials within the Premises arising from <br /> LICENSEE's use of the Premises. <br /> I. Breach of any of the covenants, terms, and conditions in this Section shall give <br /> City the authority to either immediately terminate this Agreement or to shut down <br /> LICENSEE's operations thereon, at the sole discretion of City. In either case, <br /> LICENSEE will continue to be liable under this Agreement to remove and mitigate <br /> all Hazardous Substances placed by LICENSEE on, under, about or within the <br /> Premises. LICENSEE shall be responsible for,and bear the entire cost of <br /> removal and disposal of,all Hazardous Substances introduced to the Premises by <br /> LICENSEE during LICENSEE's period of use and possession of the Premises. <br /> Upon termination of this Agreement, LICENSEE shall, in accordance with all <br /> laws, remove from the Premises any equipment or improvements placed on the <br /> Premises by LICENSEE that may be contaminated by Hazardous Substances. <br /> 15. INDEMNIFICATION. To the furthest extent allowed by law, LICENSEE shall indemnify, <br /> hold harmless and defend LICENSOR and its officers, officials, employees, agents and <br /> volunteers from any and all loss, liability, fines,penalties, forfeitures, costs and damages <br /> (whether in contract, tort or strict liability, including but not limited to personal injury, death <br /> at any time and property damage, including damage by fire or other casualty) incurred by <br /> LICENSOR, LICENSEE, or any other person, and from any and all claims, demands and <br /> actions in law or equity(including attorney's fees and litigation expenses), arising or alleged <br /> to have arisen directly or indirectly out of LICENSEE's: (i)occupancy, maintenance and/or <br /> use of the Premises and/or LICENSEE'S Facilities; or(ii)performance of, or failure to <br /> perform,this Agreement. LICENSEE's obligations under the preceding sentence shall apply <br /> to any negligence of LICENSOR, but shall not apply to any loss, liability,fines, penalties, <br /> forfeitures, costs or damages caused solely by the gross negligence, or by the willful <br /> misconduct, of LICENSOR or its officers, officials, employees, agents or volunteers. <br /> 16. INSURANCE. LICENSEE shall carry and maintain for the duration of the Agreement, <br /> insurance against claims for injuries to persons or damages to property that may arise from or <br /> in connection with the performance of the work hereunder and the results of that work <br /> performed by the LICENSEE or on LICENSEE's behalf by its agents,representatives, <br /> employees or subcontractors as specified in Exhibit E. <br /> 17. INTERFERENCE. <br /> A. LICENSEE's Facilities shall not disturb the communications configurations, <br /> equipment, and frequency, which exist on the Property on the date the Original <br /> Page 9 of 67 <br />