Occupancy Permit - KRG Eddy Street Land II LLC

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the same. If, in. curing such default, Licensor. pays any sum of money or incurs.any expense, such suns or expense so paid or incurred shall be reimbursed by Licensee upon demand by Licensor. If any action or proceeding is brought by either party.a�ainst.the other pertaining to or arising out of this License, the final prevailin party shall be reinibursed by the losing party all costs and :expenses, including reasonable attorneys' fees; incurred. oil account of such action or proceeding. For purposes of this Section, the.term "prevailing .party" shall include, but not be limited. to, a party who obtains legal counsel or brings an action against tile other. by reason of the other's ;breach :or default and obtains substantially the relief sought whether by compromise., settlement or judgment. No waiver by Licensor or Licensee of any default or breach by the other of its obligations :hereunder shall be construed .to be a waiver or release of any other or subsequent default or breach hereunder; and no failure or delay by Licensor. or Licensee in the exercise of any remedy provided for lierein :shall be construed to constitute a forfeiture or waiver thereof or of any.other right or remedy available to such:party. Section 11. Insurance. a Licensee's Insurance. Prior to the Commencement Date,. Licensee. shall provide.to Licensor a Certificate of Insurance in. form reasonably acceptable to Licensor, indicating the existence in full force and effect of a commercial general liability insurance policy covering claims for liability for damages because: of any.loss, bodily injury, death or property dainage :arising aut.of the .use of the Licensed Area by Licensee's Permittees with a limit of liability :of at least�aer occurrence for bodily injury and property damage (the "Licensee's Insurance Policy".) Licensor'shall be..amed as an. Additional insured with respect to :the. Ucensee's .insurance Policy to the extent :of Licensee's indemnity obligations hereunder. Licensee shall maintain such insurance coverage in full force and effect, at its cost and expense, continuously at :.all times during the Term, And shall provide ,Licensor with evidence reasonably acceptable to Licensor from time to time, upon Licensor's written request, confirming that.such. insurance remains in effect. M Licensor's Insurance. Prior to the Commencement Date, Licensor shall provide to Licensee a CertificateofInsurance in. form:reasonably.acceptable to Licensee, indicating the existence in full force and :effect,of (i) a Commercial general liability insurance policy ;covering Claims for. liability for damages because of any loss, bodily injury, death or property :damage arising out of the Licensor's. ownership of the Garage with a limit of liability of at least �. per occurrence for bodily:iiVrY and property damage; :and (ii) a .property insurance policy coverage damage to the Garage itself and all portions :thereof, including but not limited to the Licensed Area (collectively the "Licensors Insurance Policies''.). Licensor shall maintain .such insurance coverages.in full force and effect, at its cost :and expense, continuously at all times during the Term,;and shall provide Licensee. with evidence reasonably acceptable to Licensee from time to time, upon Licensee's written request, confirming that such insurance remains in effect. (c) Mutual 'Waiver of Subrogation. The. Licensee's. Insurance. Policy and tile. Licensoe's Insurance Policies shall contain a clause pursuant to which the insurance. carrier wtiim all rights of subrogation against Iicensor and Licensee, as applicable, with respect to such policy, Section 12..Liens. Licensee. shall not ::cause or permit .tlle creation of any lien against the Licensed Area. for any cause or reason whatsoever, including labor, materials furnished, or services rendered at the request .of Licensee. In the event any such lien shall be.filed against the .Licensed Area, Licensee shall cause such lien to be released within tell ()0) clays after: Actual notice of the filing thereof. The provisions.con.tained in this Section shall survive the termination of this License.