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<br />pursuant to the terms set forth in Section 8 below. Licensee' <br />indemnification and defense obligations under this Section 4.4 <br />shall not be limited by the amount of available insurance <br />proceeds under Section 3.3 above. Licensees' and Indemnitor's <br />obligations under this Section 4.4 shall survive the expiration <br />or earlier termination or revocation of this Agreement. <br /> <br />4.5 Mechanic's Liens, Removal of Liens. Licensees <br />shall, at all times, keep the Property free and clear of all <br />design professional's, mechanic's or materialman's liens and all <br />other claims or liens relating to the Mitigation Work. In the <br />event that there is filed and/or recorded against the Property, <br />any design professional's, mechanic's or materialman's lien, or <br />any other claim or lien relating to the performance of the <br />Mitigation Work, Licensees shall cause such claim or lien to be <br />released and removed, within thirty (30) days of such filing <br />and/or recording, either by satisfaction or by the posting of a <br />release bond in the amount required by statute. In the event <br />Licensees fail to remove any such claim or lien within the <br />required time period, such inaction shall constitute a material <br />breach and default of this Agreement by Licensees and, in <br />addition to any other remedies which Licensor may have, Licensor <br />may (at its sole election) payor bond over such claim or lien <br />and the amount paid, together with all attorneys' fees and costs <br />incurred by Licensor in connection therewith, shall be <br />immediately due from Licensees to Licensor. Licensees' <br />obligations under this Section 4.5 shall survive the expiration <br />or earlier termination or revocation of this Agreement. <br /> <br />4.6 Maintenance of Property; Waiver of Liability. <br />Licensees, at Licensees' sole cost and expense, shall at all <br />times during the term of this Agreement keep and maintain the <br />Property in a safe, neat, clean, and orderly condition reasonably <br />satisfactory to Licensor. Licensees, at Licensees' cost and <br />expense, shall be solely responsible for any repairs to the <br />Property and for any repairs to any adjoining real property where <br />damage has been caused by Licensees or the Licensee Group. <br />Licensor shall not be liable to Licensees, and Licensees hereby <br />waive any claim against Licensor, for injury to or death of any <br />person or damage to any property that may result from any cause <br />whatsoever except directly and solely from the negligent or <br />willful affirmative act of Licensor. Licensees hereby assume all <br />risk of injury to or death of any person (including anyone in the <br />Licensee Group) or damage to any property on or about the <br />Property unless due by reason of the willful or negligent acts or <br /> <br />E:\RE\70140\O62\LICENSE4.WPD <br /> <br />8 <br />