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<br />Licensee shall not permit any mechanic's, materialmen's or other similar liens or claims to <br />stand against the Property for labor or material furnished in connection with any work <br />performed by Licensee under this Agreement <br /> <br />4. <br /> <br />Any samples removed from the Property are the property of Licensee and must be <br />removed from the Property and properly disposed of according to all Federal and State <br />laws and regulations, including all environmental laws. Licensee will complete a <br />hazardous waste manifest, identifying itself as the generator of the waste, if the waste is <br />considered hazardous under state or federal law. <br /> <br />5. <br /> <br />Upon completion of the Work, Licensee shall restore the Property to as nearly as the same <br />condition reasonably possible in which it was found, reasonable wear and tear for the <br />Work excepted, Licensee is not responsible for any conditions on the Property other than <br />those caused by Licensee or Licensee's employees, agents, contractors, or licensees. <br /> <br />6. <br /> <br />The Work shall be performed entirely at the cost and expense of Licensee and in a <br />manner in all respects satisfactory to Regency, and further in such a manner to avoid <br />harm to persons or property or interference with Regency's or its tenant's operations. <br />Licensee agrees that it shall keep the Property reasonably clean and free of construction <br />materials, trash and debris. Licensee shall make all reasonable, best-faith efforts to <br />ensure continuous pedestrian and vehicular access to and from the Property, continuous <br />visibility of the retail spaces on the Property, and continuous access to the maximum <br />number of parking spaces on the Property. <br /> <br />7. <br /> <br />Licensee shall take adequate precautions to ensure that no contaminants enter the <br />sampling hole. <br /> <br />8. <br /> <br />In the event ofleakage or spillage to the extent caused by Licensee's activities pursuant to <br />this Agreement onto the Property or any adjacent property of any hazardous wastes, <br />hazardous substances or hazardous materials as a result of the Work, Licensee shall notify <br />Regency and, at Licensee's sole expense, promptly clean the Property (and any adjacent <br />or nearby property to which such leakage or spillage may have spread) to the reasonable <br />satisfaction of Regency and any governmental agency having jurisdiction over said <br />leakage or spillage. Should said leakage or spillage result in a fine, penalty, cost or <br />charge being incurred by Regency, Licensee shall promptly and fully reimburse and <br />indemnify Regency on account thereof. <br /> <br />9. <br /> <br />As an essential inducement to and consideration for Regency granting its permission for <br />the Licensee to undertake the Work on the Property, Licensee hereby assumes and <br />releases, and shall indemnify, defend, protect and save Regency and its tenants harmless <br />from and against the following when arising directly or indirectly from the Work: <br /> <br />a. <br /> <br />all loss of and damage to any real or personal property whatsoever by <br />whomsoever (including Regency, tenants, Licensee and its agents, employees and <br /> <br />0O6.185089crossroads.changes <br />SeqStaRegencyAccessO42103r <br />04/21/03 <br /> <br />-2- <br /> <br />-.........".----.......----..-.....-..'......' .... <br />