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of this Agreement. First American shall provide notice to Licensee of the occurrence of any such
<br />damage of which First American becomes aware, but such notice shall not be a condition
<br />precedent to Licensee's obligation to repair.
<br />5. Exhibit Marketing. In connection with any marketing, publication,
<br />announcement, advertisement or other statement, written or otherwise, relating to the Exhibit,
<br />neither Licensee nor any of its employees, agents, representatives, contractors, vendors or any
<br />other person or entity involved with the Exhibit shall use the First American or FAFC name or
<br />logo, or the name or logo of any of FAFC's affiliated companies, without the express written
<br />consent of First American, which consent shall be given or withheld in First American's sole and
<br />absolute discretion.
<br />6. AS -IS Condition. First American makes no representation or warranty of any
<br />kind as to the condition of the License Area or any other matter relating to Licensee's use of the
<br />License Area. Licensee hereby disclaims and waives any and all objections to the physical and
<br />other characteristics and conditions of the License Area. Licensee acknowledges and agrees that
<br />the use of the License Area will be on the basis of Licensee's own investigation of the condition
<br />of the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH
<br />ALL FAULTS" basis, without representation or warranty expressed or implied by First
<br />American, or by operation of law. First American 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, First American 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 />Parry, hereby fully and unconditionally releases, relinquishes, waives, and discharges First
<br />American, FAFC, and their respective affiliates, subsidiaries, officers, directors, employees,
<br />representatives, agents, attorneys and consultants and each of them (collectively, the "Covered
<br />Parties"), from and against any and all claims, causes of action, losses, costs, damages, expenses,
<br />penalties, assessments, injuries, liabilities and judgments (including, without limitation,
<br />attorney's fees and expert witness fees), whether known or unknown or existing or contingent or
<br />foreseeable or unforeseeable, arising out of or in connection with the License Area, the Property
<br />or the Statute, each of their condition or use under this Agreement, including without limitation
<br />any accident or death or injury to any person or damage or loss to any property, including any
<br />damage to the Statue, from any cause, except for the negligence or willful misconduct of First
<br />American. In connection therewith, all responsibility for damage or loss to any property,
<br />including the Statue, is assurned by Licensee and First American 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
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