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remedy such default. Licensee's obligations under this Section shall survive the termination of
<br />this License.
<br />18. No Costs to Citv. Licensee shall bear all costs or expenses of any kind or nature in
<br />connection with its use of the License Area, and shall keep the License Area free and clear of
<br />any liens or claims of lien arising out of or in any way connected with its use of the License
<br />Area.
<br />19. Indemnity. Licensee shall indemnify, defend, reimburse and hold harmless City, its
<br />officers, agents, employees and contractors, and each of them, from and against any and all
<br />demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens,
<br />judgments, damages and liabilities of any kind ("Claims"), arising in any manner out of (a) any
<br />injury to or death of any person or damage to or destruction of any property occurring in, on or
<br />about the License Area, or any part thereof, whether such injury, death, damage or destruction is
<br />caused by the person or property of Licensee, its officers, directors, members, employees, agents,
<br />consultants, contractors or subcontractors (collectively, "Agents"), its invitees, guests or
<br />business visitors (collectively, "Invitees"), or third persons, relating to any use or activity under
<br />this License, (b) any failure by Licensee to faithfully observe or perform any of the terms,
<br />covenants or conditions of this License, (c) the use of the License Area or any activities
<br />conducted thereon by Licensee, its Agents or Invitees, (d) any release or discharge, or threatened
<br />release or discharge, of any Hazardous Material caused or allowed by Licensee, its Agents or
<br />Invitees, on, in, under or about the License Area, any improvements or into the environment, or
<br />(e) any failure by Licensee to faithfully observe or perform any terns, covenants or conditions of
<br />the Recorded Documents to the extent that such terms, covenants or conditions relate to or are
<br />triggered by the work to be performed or the facilities to be installed pursuant to this License;
<br />except solely to the extent of Claims resulting directly from the gross negligence or willful
<br />misconduct of City or City's authorized representatives. In addition to Licensee's obligation to
<br />indemnify City, Licensee specifically acknowledges and agrees that it has an immediate and
<br />independent obligation to defend the City from any claim that actually or potentially falls within
<br />this indemnity provision even if such allegation is or may be groundless, fraudulent or false,
<br />which obligation arises at the time such claim is tendered to Licensee by City and continues at all
<br />times thereafter. The foregoing indemnity shall include, without limitation, reasonable
<br />attorneys', experts' and consultants' fees and costs, investigation and remediation costs and all
<br />other reasonable costs and expenses incurred by the indemnified parties, including, without
<br />limitation, damages for decrease in the value of the License Area and claims for damages or
<br />decreases in the value of adjoining property. Licensee's obligations under this Section shall
<br />survive the expiration or other termination of this License.
<br />20. Waiver of Claims.
<br />(a) Neither City nor any of its commissions, departments, boards, officers, agents or
<br />employees shall be liable for any damage to the property of Licensee, its officers, agents,
<br />employees, contractors or subcontractors, or their employees, or for any bodily injury or death to
<br />such persons, resulting or arising from the condition of the License Area or its use by Licensee.
<br />(b) Licensee acknowledges that this License is freely revocable by City and in view
<br />of such fact, Licensee expressly assumes the risk of making any expenditure in connection with
<br />this License, even if such expenditures are substantial. Without limiting any indemnification
<br />obligations of Licensee or other waivers contained in this License and as a material part of the
<br />13 Rev May 2015
<br />Page 13 of 45
<br />ATTY/AGR/2017.001/SAN FRANCISCO PUBLIC UTILITY COMMISSION/CARSON PERMIT
<br />REV: 01-06-17 VR
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