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2021-06-03_PERMIT FILE - M2021021
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2021-06-03_PERMIT FILE - M2021021
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Last modified
1/26/2025 6:01:42 AM
Creation date
6/9/2021 6:33:45 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2021021
IBM Index Class Name
PERMIT FILE
Doc Date
6/3/2021
Doc Name
Adequacy Review Response
From
IHC Scott
To
DRMS
Email Name
ACY
Media Type
D
Archive
No
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party,or anyone for whom such party may be responsible. <br /> 13. Indemnification. Licensee shall indemnify, defend, save and hold harmless <br /> Licensor and its officers, directors, members, partners, employees, agents, affiliates, successors, <br /> and permitted assigns(collectively,the "Indemnified Parties")against all claims made orjudicial <br /> or administrative actions filed which allege that any of the Indemnified Parties is liable to the <br /> claimant by reason of <br /> a. any injury to or death of any person,or damage to or loss of property,or any other <br /> thing occurring on or about any part of the Property, or in any manner growing <br /> out of, resulting from or connected with the use, condition or ocgyIjycy of the <br /> Licensed Area if caused by any negligent or wrongful act or omission of Licensee, <br /> or its agents, partners, contractors, employees, permitted assigns, lensees, <br /> sublessees, invitees, or any other person or entity for whose conduct Lnsee is <br /> legally responsible; <br /> b. violation by Licensee of any contract or agreement to which Licensee is a party in <br /> each case affecting any part of the Licensed Area or the occupancy or use thereof <br /> by Licensee;and <br /> c. violation of or failure to observe or perform any condition,provision or obligation <br /> of or under this Agreement on Licensee's part to be observed or performed <br /> hereunder. The indemnity obligations outlined herein shalt survive any <br /> cancellation, expiration, or termination, for any reason, of this License <br /> Agreement. <br /> [4. ASsi>gnmeol. The license granted hereby is personal to Licensee and shall not be <br /> assigned without the prior written consent of Licensor. <br /> 15. ill. If either party defaults in the performance of any of its obligations <br /> hereunder, and such default continues for more than thirty (30) days after receipt of written <br /> notice from the non- defaulting party, the non-defaulting party shall have the right to terminate <br /> this License Agreement and pursue any other remedies available at law or in equity, except as <br /> limited in Section 16. <br /> 16. Limi htion of Liability. NOTWITHSTANDING ANYTHING TO THE <br /> CONTRARY CONTAINED IN THIS LICENSE AGREEMENT, IN NO EVENT SHALL <br /> EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, PUNITIVE, <br /> SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER, <br /> INCLUDING LOSS OF GOODWILL OR LOSS OF PROFITS. Licensor and Licensee agree <br /> that none of their respective directors, officers,employees, shareholders, or any of their(or any <br /> of those parties') respective agents shall have any personal obligation hereunder and that <br /> Licensor and Licensee shall not seek to assert any claim or enforce any of their rights hereunder <br /> against any of such parties. <br /> Page 4 of 6 <br />
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