3.7. SR 08-08-2011 - Laserfiche WebLink

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provided that Licensor grants prior written approval of the fence and gate and that Licensor is provided a key or other means of obtaining access to the License Area 24 hours per day, 7 days per week. Licensor does not warrant that the License Area is suitable for the purposes for which it is permitted to be used under this Agreement. Licensee assumes all risk with respect to activities within the License Area. 5. Limitation of Liability. Licensee acknowledges that its use of the License Area is subject to Licensor's right to access and use the License Area at any time for purposes related to the operation, maintenance, repair or replacement of the utilities located within the License Area. Licensee acknowledges that the operation, maintenance, replacement and/or repair of these utilities by Licensor may impact Licensee's use of the License Area and may result in damage to the License Area and/or vehicles or property located in or on the License Area. Licensor shall not be responsible or liable to Licensee for any loss or damage to Licensee or its property, or anyone claiming by or through Licensee, and Licensee assumes all risk of loss or damage to Licensee's property located in the License Area. 6. Maintenance. Licensee agrees that its use of the License Area will comply with all applicable laws, rules and regulations and that Licensee shall maintain the License Area, including plowing and sweeping as necessary, in the condition reasonably required by Licensor. 7. Indemnity. Licensee shall defend, indemnify and save Licensor and its officers, employees, and agents harmless from and against all liabilities, losses, obligations, claims, suits, damages, penalties, causes of action, costs and expenses (including without limitation, court costs and reasonable attorneys' fees) arising from or relating to the use, condition, occupancy or operation of the License Area or any part thereof by Licensee, or any failure on the part of Licensee to perform or comply with any of the terms of this Agreement, or any injury, death, disability or damage to any person or property occurring in or on the License Area in connection with Licensee's use of the License Area, or any act or omission by Licensee or its officers, employees,. contractors or agents or anyone claiming by or through them. 8. Insurance. Licensee shall, at Licensee's sole cost and expense, maintain commercial general liability insurance against claims for personal injury, death or property damage occurring upon, in or about the License Area, such insurance to afford protection to the limit of not less than $1,000,000.00 in respect to injury or death to a single person, and to the limit of not less than $3,000,000.00 in respect to any one accident, and to the limit of not less than $500,000.00 in respect to any property damage, and shall name Licensor as an additional insured. All policies of insurance shall be written in companies that are qualified to do business in the State of Minnesota with a minimum AM Best Rating of at least A-. Licensee shall procure and deliver to Licensor certification from the respective insurance companies indicating that the insurance to be maintained by Licensee is in force. Such certificates shall require the insurance companies to give thirty (30) days' advance notice to Licensor of any cancellation or modification of coverage.