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DocuSign Envelope ID: 30F6581A-0838-48D7-9473-013ODFBBA09F <br />concerned nor liable. h1 the event the Equipment must be relocated to resolve any interference <br />caused by Licensee, then Licensor shall reasonably cooperate with Licensee to avoid disruption <br />of the operation of the Equipment during any such relocation. <br />10. Intentionally Deleted. <br />11. Assumption of Risk: Indemnification. <br />11.1 Assumption of Risk. Licensee hereby assumes all risk of damage to <br />property or bodily injury to Licensee or any persons claiming through Licensee arising from or <br />in any way related to the Work performed by Licensee hereunder or Licensee's nresence at the <br />Proiect (including, but not limited to, any personal injuries resulting from a slip and fall) and <br />agrees that Licensor and its partners and their respective officers, directors, employees, agents, <br />representatives, partners, parents, shareholders, subsidiaries, affiliates, successors and assigns <br />(collectively and together with Licensor, the "Licensor Partles'� shall not be liable for, and are <br />hereby released from any responsibility for, any damage either to person or property or resulting <br />from the loss of use thereof, which damage is sustained by Licensee or by other persons claiming <br />through Licensee arising from or in any way related to the Work performed by Licensee <br />hereunder. Licensee agrees and acknowledges that its use and operation of the Equipment is at its <br />sole risk, and Licensee hereby absolves and fully releases the Licensor Parties, and Licensor's <br />property, from any claim by Licensee for damage to the Equipment or License Area and any <br />other equipment or personal property of Licensee located at the License Area, except to the <br />extent attributable to the gross negligence or intentional act of the Licensor Parties. Licensee <br />hereby assumes the risk of the inability to operate as a result of any structural or power failures at <br />the Project or any failure of the Equipment for any reason whatsoever, unless caused by <br />Licensor's gross negligence or willful misconduct. Licensor shall not be responsible or liable to <br />Licensee for any claims resulting from any acts or omissions of other licensees or occupants of <br />the Project, or for any destruction or damage to the Project or the Equipment or any portion <br />thereof. <br />11.2 Indemnification. Except to the extent caused by the gross negligence or <br />willful misconduct of the Licensor Parties, Licensee shall indemnify, protect, hold harmless and <br />defend (with counsel reasonably acceptable to Licensor) Licensor and the Licensor Parties from <br />and against any and all third party claims arising from (a) an Event of Default as set forth in <br />Section 16 herein, where said default has not been cured within the applicable cure period stated <br />herein; (b) bodily injury, death or property damage resulting from Licensee's or its employees, <br />agents, consultants or contractors' use of the Project or License Area, or access to the Project or <br />the Work; (c) Licensee's failure to comply with applicable Laws; (d) the negligence or willful <br />misconduct of Licensee or its employees, agents, consultants or contractors in connection with <br />this Agreement. <br />12, Insurance. <br />12.1 Coverage. Licensee shall maintain the following coverages in the <br />following amounts throughout the Term: <br />Page 4 of 13 <br />REV: 04-27-17 PR <br />ATTY/AGR.2017.088/Kilroy Realty <br />