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REV: 05-01-24 LF <br />without a written amendment to this agreement. This License is personal to Licensee and shall <br />not be assigned. No legal title or leasehold interest in the Property is created or vested in <br />Licensee by the grant of this License. <br />3. CONDITION OF PROPERTY AND WAIVER. <br />a. Licensor acknowledges and agrees that the improvements on the <br />Property and any and all personal property remaining on the Property are of no value to <br />Licensor. Licensor intends to demolish all improvements on the Property on May 6, <br />2024. It being understood by Licensor and Licensee that Licensee’s Fire Training will <br />inherently cause damage to the Property and any personal property remaining on the <br />Property, Licensee shall have absolutely no obligation to maintain and keep the <br />Property in the same condition as it existed immediately prior to Licensee’s use thereof <br />other than securing the property prior to termination of the license to the satisfaction of <br />Licensor and removing any personal property brought on to the Property by Licensee. <br />Licensee shall not repair any damage Licensee causes to the Property by its and its <br />trainees’ use, and neither Licensee nor its trainees shall be liable to Licensor for any <br />damage caused to the Property or any personal property remaining on the Property <br />during Licensee’s use thereof. <br />4. USE OF PROPERTY AND INDEMNITY. <br />a. The Property shall be used only by Licensee and its trainees for the Fire <br />Training specified in Section 1 above, and for no other use or purpose. Licensee shall not <br />set any fires in or around the Property or to the Property. However, Licensor <br />acknowledges and agrees that Licensee’s Fire Training may result in the Property being <br />damaged or left unsecured. <br />b. Licensee shall be responsible for the acts and omissions of all of <br />Licensee’s trainees, and shall ensure that they do not do anything upon the Property <br />which Licensee is not allowed to do under this License. Further, Licensee shall faithfully <br />observe and comply with any and all rules and regulations, including sound Fire Training <br />practices, in its use of the Property. <br />c. Licensee shall defend, indemnify, protect and hold harmless Licensor <br />from and against any and all losses, damages, liability, claims, demands, obligations, <br />cause of action, judgments, costs, settlements or expense of any kind or character <br />(including attorney’s fees and costs) arising in any manner out of the use of the Property <br />by Licensee, including, without limitation, environmental damage or contamination <br />resulting from the Fire Training, any claim of bodily injury or death of any of Licensee’s <br />trainees caused by Licensee’s Fire Training use on the Property, except to the extent <br />that any such loss or damage is caused by the willful misconduct of Licensor. <br />ATTY/AGR.2024.059/The Sobrato Organization (Sobrato (CVS) Renewal ) (Page 2 of 4)