|
purpose.
<br /> 5. Liens. Permittee shall not permit any claim, lien, or other encumbrance arising
<br /> from the permitted work or Permittee's use of the Property to accrue against or attach to
<br /> the Property or the interest of Owner.
<br /> 6. Release. Permittee releases, waives, discharges and covenants not to sue
<br /> Owner, Owner's successors, invitees,officers, board of directors,employees, agents,and
<br /> other persons coming onto the property at the instance of or request of Owner, (all for the
<br /> purposes here referred to as"Releasees")from all liability to the Permittee,the Permittee's,
<br /> successors, assigns, contractors, subcontractors, agents, and other persons coming onto
<br /> the property at the instance of or request of Permittee(all for the purposes here referred to
<br /> as "Releasors")for any and all liability, damage, claim or demands therefor on account of
<br /> injury to the person or property or resulting in death of the Releasors or any of them,
<br /> whether caused by the negligence of the Releasees or otherwise,whether from permitted
<br /> activities, use of the Property, or otherwise by Releasees or any of them.
<br /> 7. Indemnity and Insurance. Permittee agrees to indemnify and save and hold
<br /> harmless the Owner, Owner's successors, invitees,officers, board of directors,employees,
<br /> other persons coming onto the property at the instance of Owner, and each of them from
<br /> any loss, liability, damage, or cost they may incur due to their presence in or upon the
<br /> Property or as a result of Permittee's work on the Property or other personal property of
<br /> Permittee, and Permittee's contractors, subcontractors, agents and other persons coming
<br /> onto the property at the instance of Permittee in the area, or due in any way to observing,
<br /> or otherwise being near any activity,whether permitted, or otherwise. Permittee agrees to
<br /> maintain standard commercial general liability insurance in minimum coverage of one
<br /> million dollars; and Releasees shall be named as additional insureds on such insurance
<br /> policy.
<br /> 8. Environmental Indemnity. Permittee shall indemnify, defend, protect, and hold
<br /> Owner and Owner's successors, officers, directors, partners, agents, and employees
<br /> harmless from and against any and all actual or potential claims, proceedings, lawsuits,
<br /> liabilities, damages, losses, fines, penalties, judgments, awards, costs and expenses,
<br /> including, without limitation, reasonable attorneys'fees and costs,that arise out of or relate
<br /> in any way to any use, storage, transfer, generation, disposal, or discharge of Hazardous
<br /> Materials in connection with the permitted work or Permittee's use of the Property. This
<br /> indemnity shall survive the termination of the Agreement. As used in this Agreement,
<br /> "Hazardous Materials" means:
<br /> (a)All substances,wastes, pollutants, contaminants, and materials now or hereafter
<br /> regulated, or defined or designated as hazardous, extremely or imminently hazardous,
<br /> dangerous, or toxic, under the following federal statutes and their state counterparts, as
<br /> well as these statutes' implementing regulations: the Comprehensive Environmental
<br /> Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq.; the
<br /> Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Sec. 136 et seq.;the Atomic
<br /> Energy Act of 1954, 42 U.S.C. Sec. 2011 et seq.; and the Hazardous Materials
<br /> Transportation Act, 49 U.S.C. Sec. 5101 et seq.;
<br /> (b) Any additional hazardous substances or materials that are now or become
<br /> Page 2 of 5
<br />
|