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to: (i) the condition or state of repair of the Licensed Area; (ii) the compliance or noncompliance of the
<br />Licensed Area with any applicable laws, regulations or ordinances; (iii) habitability, merchantability, or
<br />fitness for particular purpose of the Licensed Area; (iv) the suitability of the Licensed Area for any and all
<br />activities and rises which Licensee may conduct thereon; or (v) whether the Licensed Area contains
<br />harmful, hazardous or toxic substances or pertaining to tine extent, location or nature of same, or the
<br />condition of the Licensed Area, including, without limitation, water, soil and geology.
<br />Section 9. Indemnification.
<br />(a) By Licensee. Except as otherwise expressly provided in this Section 9, the conduct
<br />of the Licensed Use in the Licensed Area and the keeping of any personal property of Licensee or its
<br />Permittees (hereinafter, the "Licensee Proper ") therein shall be at Licensee's sole risk and Licensor sliall
<br />not be liable or responsible for any theft, damage or loss to property or any injury or death of persons in
<br />the Licensed Area. Licensee shall indemnify, defend and hold harmless Licensor, its members, officers,
<br />agents, representatives, tenants and their respective employees from and against all damages, liabilities,
<br />lawsuits or judgments arising from or connected with claims by third parties resulting from Licensee's use
<br />of the Licensed Area during the Term, including without limitation any damage or injury to person or
<br />property, except to the extent such damages, liabilities, lawsuits or judgments are the result of Licensor's
<br />gross negligence or willful misconduct. If Licensor shall become a party to litigation commenced by or
<br />against Licensee arising from or connected with Licensee's use of the Licensed Area during the Term for
<br />damage or injury to person or property, then provided such damages or costs arising out of such litigation
<br />are not the result of Licensor's gross negligence or willful misconduct, Licensee shall indemnify, defend
<br />and hold Licensor harmless from all damages or costs arising out of or in any way related to such
<br />litigation. In the event of any liability arising under this Section 9(a), Licensor shall use commercially
<br />reasonable efforts to notify and provide Licensee the opportunity to defend the saute, as may be
<br />reasonable under the circumstances. Licensee does hereby release Licensor from all liability for any
<br />accident, damage or injury caused to person or property in or about the Licensed Area occurring during
<br />the Term except to the extent such liability results fronn the gross negligence or willful misconduct of
<br />Licensor.
<br />(b) By Licensor. Licensor shall indemnify, defend and hold harmless Licensee, its
<br />officers, agents, representatives and their respective employees from and against all damages, liabilities,
<br />lawsuits orjudgments arising from or connected with .Licensor's ownership of the Gat -age to the extent
<br />such damages, liabilities, lawsuits or judgments are caused by Licensor's gross negligence or willful
<br />misconduct. If Licensee shall become a party to litigation commenced by or against Licensor arising
<br />from Licensor's gross negligence or willful misconduct, Licensor shall indemnify, defend and hold
<br />Licensee harmless from all damages or costs arising out of or in any way related to such litigation. In the
<br />event of any liability arising under this Section 9(b), Licensee shall use commercially reasonable efforts
<br />to notify and provide Licensor the opportunity to defend the same, as may be reasonable under the
<br />circumstances.
<br />c Survival. The provisions contained in this Section 9 shall survive the termination of
<br />this License.
<br />Section 10. Default and Remedies. In the event of a default by Licensee of any of its duties or
<br />obligations hereunder, Licensor may exercise any remedy available to it at law or in equity, including,
<br />without limitation, the immediate termination of this License and removal of any of the Licensee Property
<br />thereon. Upon any termination of this License, either pursuant to Section 4 of this License or this Section
<br />10, cacti party hereto shall remain liable to the other party for any obligations that accrued prior to the
<br />termination date. In the event of a default by Licensee, Licensor may also elect to cure the default for
<br />Licensee after providing Licensee with specific notice of the default and a reasonable opportunity to cure
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