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13. Release and indemnification.
<br />(a) As used in this License Agreement, the term "Claims" means (1) claims,
<br />demands, liens, suits, actions, causes of action, proceedings, orders, decrees and judgments of any
<br />kind or nature whatsoever by or in favor of anyone whomsoever including claims asserted against
<br />PSCo by a federal, state or local government entity; (2) losses, liabilities, costs, damages and
<br />expenses, including attorneys' fees, expert witness fees, consultant fees, and court and arbitration
<br />costs, at all levels, whether or not litigation or arbitration is commenced; (3) fines and penalties;
<br />(4) environmental costs, including, but not limited to, investigation, removal, remediation, and
<br />restoration costs, natural resource damages, and consultant and other fees and expenses; (5)
<br />damages of any kind, including lost profits and consequential damages; and (5) any and all other
<br />costs or expenses.
<br />(b) As used in this License Agreement, the term "Injury" means (1) death,
<br />personal injury, or property, environmental, or natural resources damages, and any other losses,
<br />obligations or damages incurred by PSCo for which PSCo would reasonably expect to have
<br />obligations under environmental laws; (2) loss of profits or other economic injury; and (3) disease
<br />or actual or threatened health effect.
<br />(c) Licensee shall protect, defend, indemnify, release, save and hold harmless
<br />PSCo, its partners, directors, officers, agents, employees, successors, assigns, parents,
<br />subsidiaries, and affiliates from and against any and all Claims and threatened Claims arising
<br />from, alleged to arise from, resulting from or alleged to result from, in whole or in part, (1) this
<br />License Agreement; (2) any act or omission of Licensee, or any of Licensee's employees, agents,
<br />contractors, consultants or any of their invitees; or (3) the presence of the Licensee, or any of
<br />Licensee's employees, agents, contractors or consultants, or any of their invitees, in upon, at or
<br />about the Property.
<br />(d) The Licensee's duty to protect, indemnify, hold harmless, release, and
<br />defend hereunder shall apply to any and all Claims and threatened Claims, and Injury, including,
<br />but not limited to:
<br />(i) Claims asserted by any person or entity, including, but not limited
<br />to, employees of the Licensee or its contractors, subcontractors, or their employees, and federal,
<br />state, or local goverrunent;
<br />(ii) Claims arising from, or alleged to be arising in any way from, the
<br />existence at or near the Property of (1) electric power generation, transmission, distribution, or
<br />related facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering, storage,
<br />transmission, distribution, or related facilities; (4) asbestos or asbestos containing materials.
<br />(iii) Claims arising from the presence, release, disturbance, and/or
<br />exacerbation of any Hazardous Materials as defined below, regardless of origin, in, on, over, or
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<br />APPROVED FORM 2015
<br />US.55558137.01
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