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6.1.E. - Page 16
<br /> re�air, at its cost, any damage to the License Area caused by such remo�al. COUNTY's
<br /> obligations under this Section shall survi�e any termination of fhis Agreemenf.
<br /> 12. Re air of,Damaqe. If any portion nf the License Area or any personal proper�y of
<br /> CITY lacated on or about tf�e Licer�se Area is damaged or threafiened by any ofi the
<br /> Acti�ities conducted by COUNTY ar anyone acting by or through COUNTY hereunder,
<br /> COUNTY sha�l immedia#ely, at its sole cost, notify CITY by facsimife or eleetronic r�ail
<br /> of such damage or �hreat. CfTY may, but shall not be obligated, to remecfy such
<br /> damage ar #hreat at COUNTY's sole cost, or CfTY may elect to witness COUNTY's
<br /> repair work. In the event CfTY �lects not to remedy such damage or tt�reat, COUNTY
<br /> sha�l �epair any and all such damage and restore the License Area or proper�y to its
<br /> pre�ious canditian subject ta CITY's inspecfiion, review and approval. CITY has na
<br /> responsibility or IiabiEity af any kind witt� respect ta any util�ties that may be on, in or
<br /> under the License Area.
<br /> �3. No Costs #o CITY. C�UNTY shall bear all costs ar expenses ofi any kind or
<br /> nature in connection wifh its use of the License Area, and shall keep the �icense Area
<br /> free and clear of any liens ar claims of lien ansing out of ar in any way cor�nected with
<br /> its use of the License Area.
<br /> '�A�. I ndem n itv.
<br /> A. C�UNTY shafl indemnify, defend, reimburse and hofc� harmless CITY, its
<br /> afficers, agenfs, �mployees and contractors, ar�d each of them ("lndemnified
<br /> Par�ies"), firom and againsf any and a!I demands, claims, lega! or aclministrative
<br /> proceedings, losses, costs, penalties, fines, liens, judgments, damages and
<br /> liabiiities of any kind ("Claims"}, arising in any manner out of (a} any injury to ar
<br /> death of any pe�san or damage to or destructian of any pro�e+�y occ�rring irt, on
<br /> or abo�rt the License Area, or any part thereof, whether such injury, death,
<br /> damage or destruction fs caused by the person ar property of COUNTY, its
<br /> officers, directors, members, employees, agents, cortsultants, contractors or
<br /> subcontractors (collecti�ely, "Agen#s"), its in�itees, guests or business visi�ors
<br /> {coflecti��ly, "Invitees"), or third pe�sons, relating to any use or acti�ity under this
<br /> Agreement, (b) any faiiur� by C�UNTY to faiti�fully obs�rve or �erform any of the
<br /> t�rms, co�er�ants or conditions of thES Agreement, (c) fhe use of the License Area
<br /> or any acfivities conducted t#�ereon �y COUNTY, its Agents or Invitees, (d) any
<br /> refease or cEischarge, or threat�n�d �eiease or discharge, of any Hazardaus
<br /> Maferial caused or allowed by COUNTY, its Agents or Invitees, on, in, under or
<br /> about the �icense Area, any impravements or intn the enviror�ment, or (e) any
<br /> failure by COUNTY ta faifhfulfy observe ar p�rform any terms, cauenants or
<br /> canditions of this Agreement; except salely fo the extent of Claims resulfing
<br /> directly from th� sole negligence or willful miscanduct of CITY or C1TY's
<br /> authorized representafi�es. In addition to COUNTY's abligation ta indemr�ify
<br /> CITY, COUNTY specifica(ly acknowledges and agrees that it has an immediate
<br /> and independent obligation to defend the CITY from any claim that actually or
<br /> potentially fa[Is within this indemnity pravision even if such aflegation is or may be
<br /> ATTYIAGR12012.1561CO1lNTY JAfL.MAPLE STREET PARKING ST�21P LICENSE AGREEMENT
<br /> REV:�9-24-12 VR
<br /> Page 7 01'17
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