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environment or worker health and safety, as may now or at any time hereafter be in effect, to the extent
<br /> such apply to that party's activity conducted in or on the Property.
<br /> (b) Licensor and Licensee agree to hold harmless and indemnify the other from,and to assume
<br /> all duties,responsibilities and liabilities at the sole cost and expense of the indemnifying party for,payment
<br /> of penalties,sanctions,forfeitures,losses,costs or damages,and for responding to any action,notice,claim,
<br /> order, summons,citation, directive, litigation,investigation or proceeding("Claims"),to the extent arising
<br /> from that party's breach of its obligations or representations under Section 11 (a). Licensor agrees to hold
<br /> harmless and indemnify Licensee from, and to assume all duties,responsibilities and liabilities at the sole
<br /> cost and expense of Licensor for,payment of penalties,sanctions,forfeitures,losses,costs or damages,and
<br /> for responding to any Claims,to the extent arising from subsurface or other contamination of the Property
<br /> with hazardous substances prior to the effective date of this Agreement or from such contamination caused
<br /> by the acts or omissions of Licensor during the Term. Licensee agrees to hold harmless and indemnify
<br /> Licensor from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of
<br /> Licensee for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to
<br /> any Claims,to the extent arising from hazardous substances brought onto the Property by Licensee.
<br /> (c) The indemnifications of this Section 11 specifically include reasonable costs,expenses and
<br /> fees incurred in connection with any investigation of Property conditions or any clean-up, remediation,
<br /> removal or restoration work required by any governmental authority. The provisions of this Section 11 will
<br /> survive the expiration or termination of this Agreement.
<br /> (d) In the event Licensee becomes aware of any hazardous substances on the Property,or any
<br /> environmental, health or safety condition or matter relating to the Property, that, in Licensee's sole
<br /> determination, renders the condition of the Premises or Property unsuitable for Licensee's use, Licensee
<br /> will have the right,in addition to any other rights it may have at law or in equity,to terminate this Agreement
<br /> upon written notice to Licensor.
<br /> 12. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to
<br /> Licensee,Licensee and its employees,agents,and subcontractors,will have twenty-four(24)hour per day,
<br /> seven(7)day per week pedestrian and vehicular access("Access")to and over the Property,from an open
<br /> and improved public road to the Premises, for the installation, maintenance and operation of the
<br /> Communication Facility and any utilities serving the Premises.
<br /> 13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the
<br /> Property by Licensee will be and remain Licensee's personal property and, at Licensee's option, may be
<br /> removed by Licensee at any time during the Term. Licensor covenants and agrees that no part of the
<br /> Communication Facility constructed, erected or placed on the Premises by Licensee will become, or be
<br /> considered as being affixed to or a part of,the Property, it being the specific intention of Licensor that all
<br /> improvements of every kind and nature constructed,erected or placed by Licensee on the Premises will be
<br /> and remain the property of Licensee and may be removed by Licensee at any time during or after the Term.
<br /> Licensee shall,upon expiration of the Term,or within ninety(90)days after any earlier termination of the
<br /> Agreement, remove all portions of the communication Facility and restore the Premises to its original
<br /> condition, reasonable wear and tear and casualty damage excepted. Any portions of the Communication
<br /> Facility that Licensee does not remove within ninety(90) days after the later of the end of the Term and
<br /> cessation of Licensee's operations at the Premises shall be deemed abandoned and owned by Licensor.Any
<br /> expenses incurred by Licensor in removing and disposing of the Communication Facility shall be at
<br /> Licensee's sole cost and expense and payable to Licensor within thirty(30)days of demand.
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