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ALL FAULTS" basis, without representation or warranty expressed or implied by Property
<br />Owner, or by operation of law. Property Owner expressly disclaims, which Licensee hereby
<br />acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose
<br />or use. Licensee's use of the License Area shall be subject to the License Area being in a usable
<br />and safe condition at the time of Licensee's use and Licensee shall be responsible for
<br />determining whether the License Area is in such condition. In connection therewith, in the event
<br />that the License Area or access thereto is damaged or obstructed or the use by Licensee is
<br />otherwise impaired, prevented or limited, Property Owner shall have no obligation or duty to
<br />repair the damage or rectify the condition to make the License Area usable or safe and Licensee's
<br />sole remedy shall be to terminate this Agreement.
<br />7. Waiver and Release. Licensee, on behalf of itself and each and every Licensee
<br />Party, hereby fully and unconditionally releases, relinquishes, waives, and discharges Property
<br />Owner, and its respective affiliates, subsidiaries, officers, directors, employees, representatives,
<br />agents, attorneys and consultants and each of them (collectively, the "Covered Parties"), from
<br />and against any and all claims, causes of action, losses, costs, damages, expenses, penalties,
<br />assessments, injuries, liabilities and judgments (including, without limitation, attorney's fees and
<br />expert witness fees), whether known or unknown or existing or contingent or foreseeable or
<br />unforeseeable, arising out of or in connection with the License Area, the Property or the Statute,
<br />each of their condition or use under this Agreement, including without limitation any accident or
<br />death or injiny to any person or damage or loss to any property, including any damage to the
<br />Statue, from any cause, excluding anything resulting from direct actions or negligence of
<br />Covered Parties. In connection therewith, all responsibility for damage or loss to any property,
<br />including the Statue, is assumed by Licensee and Property Owner shall not be responsible for any
<br />such damage or loss by whatever cause, including theft or vandalism. Licensee, on behalf of
<br />itself and all persons claiming any interest in the claims released herein, expressly waives any
<br />and all rights under Section 1542 of the Civil Code of the State of California, and any other
<br />federal or state statutory rights or rules, or principles of common law or equity, or those of any
<br />jurisdiction, government, or political subdivision thereof, similar to Section 1542.
<br />8. Indemnity. Licensee shall indemnify, defend, and hold harmless the Covered
<br />Parties from and against any and all actions, suits, claims, demands, judgments, losses, expenses,
<br />or liabilities, injuries and damages to persons and property, including death, arising out of or
<br />related to Licensee's use of the License Area, the placement of the Statue on the License Area,
<br />including the installation and removal thereof, the entry by any Licensee Party on the License
<br />Area or any portion of the Property or surrounding property, or Licensee's breach or default in
<br />the performance of any of its obligations under this Agreement; provided, however, that Licensee
<br />will not be obligated to indemnify the Covered Parties from any claims arising solely from the
<br />negligence or conduct of a Covered Party. If any action or proceeding is brought against any
<br />Covered Party by reason of any such claim, Licensee, upon receipt of written notice from
<br />Covered Party, shall defend the same at Licensee's expense. The provisions of this Section 8
<br />shall survive the termination or expiration of this Agreement.
<br />9. Insurance. Licensee is self-insured.
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