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REV: 03-25-24 LF
<br />officers, employees, contractors and agents free and harmless from any and all claims, liability,
<br />injury, damage, costs, or expenses (including, without limitation, the cost of attorney’s fees)
<br />arising as a result of the presence of use of any Hazardous Substances placed or caused to be placed
<br />by Licensor or its partners, affiliates, agents, officials, officers, contractors or employees on the
<br />Licensed Area, or existing on the Property or the Licensed Area prior to Licensee’s initial
<br />installation of the Communications Equipment on the Property, except to the extent brought the
<br />Property or exacerbated by Licensee. The foregoing indemnity is intended to operate as an
<br />agreement pursuant to, among other requirements, Section 107, subdivision (e) of CERCLA, 42
<br />United States Code Section 9607, subdivision (e), and California Health and Safety Code Section
<br />25364, to insure, protect, hold harmless and indemnify each Party from any liability created by the
<br />other Party pursuant to such sections.
<br />15.10 The terms of this Section 15 shall survive the expiration or earlier termination of
<br />this License.
<br />16.SUCCESSORS AND ASSIGNS.
<br />This License shall be binding upon and inure to the benefit of the Parties, their respective
<br />successors, personal representatives and permitted assigns.
<br />17.ENTRY BY LICENSOR.
<br />Except as otherwise provided, Licensor may enter the Licensed Area at any time upon
<br />forty-eight (48) hours’ prior written notice, and Licensor shall be liable for any damage to
<br />Licensee’s personal property in the course thereof, but only to the extent that damage was caused
<br />by the sole negligence of Licensor or its personnel. Absent “exigent circumstances” (which shall
<br />be deemed to mean an emergency posing an immediate risk to the health or safety of persons or
<br />damage to property), Licensee shall have the right to have a representative of Licensee accompany
<br />Licensor in connection with any such Licensor entry upon the Licensed Area, provided, however,
<br />that unavailability of a Licensee representative following Licensor’s proper delivery of prior
<br />written notice to Licensee shall not unreasonably delay entry by Licensor. The provisions of this
<br />Section 17 shall not prevent Licensor from entering the License Area immediately and alone if
<br />Licensor reasonably determines that such entry is required by an emergency.
<br />18.WAIVER OF LICENSOR’S LIENS.
<br />Licensor waives any and all lien rights it may have, statutory or otherwise, concerning the
<br />Communications Equipment or any portion thereof. The Communications Equipment shall be
<br />deemed personal property for purposes of this License, regardless of whether any portion is
<br />deemed real or personal property under applicable law; Licensor consents to Licensee’s right to
<br />remove all or any portion of the Communications Equipment from time to time in Licensee’s sole
<br />discretion and without Licensor’s consent.
<br />19.NON-DISCRIMINATION.
<br />There shall be no discrimination against or segregation of any person or group of persons
<br />on account of age, race, color, creed, religion, sex/gender, sexual orientation, mental disability,
<br />physical disability, medical condition, political beliefs, organizational affiliations, marital status,
<br />ATTY/AGR.2024.027/Verizon Wirelsss (License Agreement) (Page 23 of 46)
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