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6.G. - Page 8 of 11
<br />LICENSEE shall indemnify, defend and hold STATE its employees, representatives and
<br />agents free and harmless from and against any and all suits, causes of action, demands,
<br />proceedings, claims, damages, judgments, obligations liabilities, liens, fines, costs, and
<br />expenses (including, but not limited to, attorneys' fees and costs) (collectively "Losses")
<br />which arise from or are related to (a) use or occupancy of the PREMISES by LICENSEE
<br />or its Representatives, including, but not limited to, damage to property of any kind
<br />whatsoever and to whomsoever belonging, including LICENSEE, from any cause or
<br />causes whatsoever during the term of this License or any occupancy hereunder,
<br />holdover periods or any other occupancy of the PREMISES during the term of this
<br />License, except (i) those Losses that are ultimately determined by a court or
<br />administrative tribunal of competent jurisdiction to be caused by sole gross negligence of
<br />the STATE or its employees, or (ii) to the extent any such Losses are ultimately
<br />determined by a court or administrative tribunal of competent jurisdiction to be caused
<br />by the willful misconduct of the STATE or its employees; provided, however, any
<br />condition of the PREMISES that is found to be in violation of any Applicable Law by a
<br />court or administrative tribunal of competent jurisdiction shall not be deemed gross
<br />negligence or willful misconduct on the part of the STATE or its employees; (b) breach of
<br />LICENSEE'S obligations under the AGREEMENT, (c) negligence or other wrongful act
<br />by LICENSEE or its Representatives, (d) violation of Applicable Law by LICENSEE or its
<br />Representatives, (e) any allegation that the PREMISES do not comply with Applicable
<br />Law. "Representatives" means LICENSEE'S agents, employees, representatives,
<br />contractors, or any other person or persons acting within the direct control or authority of
<br />such parry or its agents, employees, representatives or contractors.
<br />XII. ENVIRONMENTAL LAWS AND REGULATIONS
<br />LICENSEE must comply with all applicable local, state or federal environmental
<br />provisions, requirements, ordinances, regulations or laws. AGREEMENT does not
<br />constitute any form of authorization, permit, or opinion with respect to the satisfaction
<br />thereof. LICENSEE agrees that it shall comply with all laws, federal, state, or local, existing
<br />during the term of this License pertaining to the use, storage, transportation, and disposal
<br />of any hazardous substance as that term is defined in such applicable law.
<br />A. In the event CMD or any of its affiliates, successors, principals, employees, or
<br />agents should incur any liability, cost, or expense, including attorney's fees and
<br />costs, as a result of the LICENSEE'S illegal use, storage, transportation, or
<br />disposal of any hazardous substance, including any petroleum derivative, the
<br />LICENSEE shall indemnify, defend, and hold harmless any of these individuals
<br />against such liability.
<br />B. Where the LICENSEE is found to be in breach of this Paragraph due to the
<br />issuance of a government order directing the LICENSEE to cease and desist
<br />any illegal action in connection with a hazardous substance, or to remediate a
<br />contaminated condition caused by the LICENSEE or any person acting under
<br />LICENSEE'S direct control and authority, LICENSEE shall be responsible for all
<br />costs and expenses of complying with such order, including any and all
<br />expenses imposed on or incurred by CMD in connection with or in response to
<br />such government order.
<br />Page 5 of 7
<br />ATTY/AGR.2018.251/California Military Department
<br />NEK
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