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This Agreement shall take effect as of the Effective Date first herein written and shall continue in <br /> full force and effect until terminated as provided in the "TERMINATION; REMOVAL OF LICENSEE'S <br /> FACILITIES" Section of Exhibit B. <br /> Article 4. LICENSEE'S COMPLIANCE WITH GENERAL TERMS. <br /> Licensee represents and warrants that all work on Licensee's Facilities performed by Licensee or <br /> its contractors will strictly comply with all terms and conditions set forth herein, including the General <br /> Terms and Conditions, attached hereto as Exhibit B and made a part hereof. <br /> Article 5. INSURANCE. <br /> A. During the term of this Agreement, Licensee shall fully comply or cause its contractor(s) to fully <br /> comply with the insurance requirements described in Exhibit C, attached hereto and made a part hereof. <br /> Upon request only, Licensee shall send copies of all insurance documentation (e.g., certificates, <br /> endorsements, etc.)to Licensor at the address listed in the "NOTICES" Section of this Agreement. <br /> B. If Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to <br /> obtain insurance in compliance with Exhibit C of this Agreement,those statutes shall apply. <br /> Article 6. DEFINITION OF LICENSEE. <br /> For purposes of this Agreement, all references in this Agreement to Licensee will include <br /> Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their <br /> authority (collectively, a "Contractor"). If a Contractor is hired by Licensee to perform any work on <br /> Licensee's Facilities (including initial construction and subsequent relocation, maintenance, and/or repair <br /> work), then Licensee shall provide a copy of this Agreement to its Contractor(s) and require its <br /> Contractor(s) to comply with all terms and conditions of this Agreement, including the indemnification <br /> requirements set forth in the "INDEMNITY" Section of Exhibit B. Licensee shall require any Contractor <br /> to release, defend, and indemnify Licensor to the same extent and under the same terms and conditions as <br /> Licensee is required to release, defend,and indemnify Licensor herein. <br /> Article 7. ATTORNEYS' FEES.EXPENSES,AND COSTS. <br /> If litigation or other court action or similar adjudicatory proceeding is undertaken by Licensee or <br /> Licensor to enforce its rights under this Agreement, all fees, costs, and expenses, including, without <br /> limitation, reasonable attorneys' fees and court costs, of the prevailing Party in such action, suit, or <br /> proceeding shall be reimbursed or paid by the Party against whose interest the judgment or decision is <br /> rendered. The provisions of this Article shall survive the termination of this Agreement. <br /> Article 8. WAIVER OF BREACH. <br /> The waiver by Licensor of the breach of any condition, covenant or agreement herein contained <br /> to be kept, observed and performed by Licensee shall in no way impair the right of Licensor to avail itself <br /> of any remedy for any subsequent breach thereof. <br /> Article 9. ASSIGNMENT. <br /> A. Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, <br /> without the written consent of Licensor,which must be requested in writing by Licensee. Any assignment <br /> or attempted transfer of this Agreement or any of the rights herein granted, whether voluntary, by <br />