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<br />4. Permitted Uses. The License Area may be used by Licensee and the other parties
<br />permitted above solely for the purpose of traveling to and across the License Area, for parking
<br />operable vehicles and for storing movable equipment and storage containers. Under no
<br />circumstances, at any time, shall Licensee place any permanent structures on the License Area.
<br />Nor shall Licensee do any excavation or other improvements to the License Area without the
<br />prior written approval of Licensor. Licensor, its officers, employees and agents, shall have the
<br />right to enter the License Area at all times, provided Licensor uses reasonable efforts to avoid
<br />interfering with Licensee’s use of the License Area. Licensor does not warrant that the License
<br />Area is suitable for the purposes for which it is permitted to be used under this Agreement.
<br />Licensee assumes all risk with respect to its activities within the License Area.
<br />5. Limitation of Liability. Licensee acknowledges that its use of the License Area is
<br />subject to Licensor’s right to access and use the License Area at any time for purposes related to
<br />the operation, maintenance, repair or replacement of the utilities located on the Property and in
<br />the License Area. Licensee acknowledges that the operation, maintenance, replacement and/or
<br />repair of these utilities by Licensor may impact Licensee’s use of the License Area and may
<br />result in damage to the License Area and/or vehicles or property located in or on the License
<br />Area. Licensor shall not be responsible or liable to Licensee for any loss or damage to Licensee
<br />or its property, or anyone claiming by or through Licensee, and Licensee assumes all risk of loss
<br />or damage to Licensee’s property located in the License Area.
<br />6. Maintenance. Licensee acknowledges that the License Area is in good order,
<br />condition and repair, and agrees that its use of the License Area will comply with all applicable
<br />laws, rules and regulations and that Licensee shall maintain the License Area, including plowing
<br />as necessary, in a similar condition that the License Area is in on the date hereof, and not commit
<br />any nuisance or waste on the License Area.
<br />7. Indemnity. Licensee shall defend, indemnify and save Licensor and its officers,
<br />employees, and agents harmless from and against all liabilities, losses, obligations, claims, suits,
<br />damages, penalties, causes of action, costs and expenses (including without limitation, court
<br />costs and reasonable attorneys’ fees) arising from or relating to the use, condition, occupancy or
<br />operation of the License Area or any part thereof by Licensee, or any failure on the part of
<br />Licensee to perform or comply with any terms of this Agreement, or any injury, death, disability
<br />or damage to any person or property occurring in or on the License Area in connection with
<br />Licensee’s use of the License Area, or any act or omission by Licensee or its officers,
<br />employees, contractors or agents or anyone claiming by or through them. The foregoing
<br />indemnification does not apply to any liability, cause of action, expense or cost suffered or
<br />incurred by Licensor as a result of the gross negligence or willful misconduct of Licensor, its
<br />officers, employees, agents, contractors and attorneys.
<br />8. Environmental Compliance. Licensee covenants, represents and warrants to
<br />Licensor: (i) that it will not use or permit the License Area to be used, whether directly or
<br />through contractors, agents or tenants, for the generating, transporting, treating, storage,
<br />manufacture, emission of, or disposal of any Hazardous Materials as hereafter defined in
<br />violation of any federal, state or local law, regulations, ordinance or requirements governing
<br />Hazardous Materials; (ii) that there have been no investigations or reports involving Licensee by
<br />any governmental authority which in any way pertain to Hazardous Materials relating to the
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<br />193313v5
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