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XV. TAXES UTILITIES AND OTHER EXPENSES
<br /> It is understood and agreed that this Contract shall be a net contract with respect to the State Land Board,
<br /> and that all taxes, assessments, insurance, utilities, water, sewer, wastewater, sanitation and other
<br /> operating costs including those which could otherwise result in a lien being placed against the Premises
<br /> and/or the Facilities as well as the cost of all repairs, remodeling, renovations, alterations, and Facilities,
<br /> and all other direct costs, charges and expenses of any kind whatsoever respecting the Premises and the
<br /> Facilities shall be borne by the Grantee and not by the State Land Board so that the consideration to the
<br /> State Land Board shalt not be reduced, offset or diminished directly or indirectly by any cost or charge,
<br /> nor subject to suspension or termination for any cause. If Grantee is a tax exempt entity, it shall be
<br /> Grantee's responsibility to obtain and maintain such tax exemption, to provide proof of such exemption
<br /> and to receive the benefits of such exemption.
<br /> XVI. INSPECTION RIGHTS
<br /> This Right-of Way is non-exclusive, however if Grantee fences any portion of the Premises or Facilities for
<br /> safety or security purposes, the State Land Board or its authorized representatives may from time to time,
<br /> at any reasonable hour, and with prior notice and escort, enter upon and inspect the Premises or the
<br /> Facilities, or any portion thereof to ascertain and secure compliance with this Contract, but without
<br /> obligation to do so or liability therefor. However, no prior notice or escort shall be required by the State
<br /> Land Board to enter upon and inspect fenced areas of the Premises and the Facilities in emergencies. If
<br /> applicable, Grantee hereby grants to the State Land Board a non-revocable license for such access over
<br /> and across Grantee's other lands during the Term of this Contract.
<br /> XVII. LIABILITY
<br /> A. The State Land Board shall not be liable to the Grantee, its agents, employees, invitees, patrons
<br /> or any other person whomsoever, for injury to or death of any person or damage to or loss of property
<br /> in, upon or adjacent to the Premises or other property contiguous or appurtenant thereto, which may
<br /> arise during the Grantee's development, use or occupancy of the Premises or by any person so doing
<br /> through or under the Grantee or with its permission, express or implied. The Grantee further waives
<br /> any claim against the State Land Board regarding the State Land Board's approval or disapproval of any
<br /> plans or specifications whether or not defective.
<br /> B. To the extent permitted by taw, the Grantee agrees to indemnify the State Land Board and save
<br /> it harmless against and from any and all claims by or on behalf of any person(s), firm(s), corporation(s)
<br /> arising from the conduct or management of or from any work or thing done on or about the Premises
<br /> and to indemnify and save the State Land Board harmless against and from any and all claims arising
<br /> during the Term hereof from: (i) any of those matters specified in this Article; (ii) any breach or default
<br /> on the part of the Grantee hereunder; and (iii) any act or omission of the Grantee or any of its agents,
<br /> contractors, servants, assignees, employees, invitees or licensees, on or about the Premises or other
<br /> property contiguous or appurtenant to the Premises, including at[ costs, attorneys fees, expenses and
<br /> liabilities incurred in or about any such claim or any action or proceeding brought thereon; and in case
<br /> any action or proceeding be brought against the State Land Board by reason of any such claim upon
<br /> notice from the State Land Board, the Grantee covenants to promptly effect the dismissal thereof or
<br /> to diligently resist and defend such action or proceeding by counsel satisfactory to the State Land
<br /> Board, at the sole cost and expense of the Grantee.
<br /> XVIII. RESERVATIONS TO THE STATE LAND BOARD
<br /> This Contract is subject to any and all presently existing easements, rights-of-way and other interests,
<br /> whether or not visible on the ground; and, in addition to its reversion upon termination of this Contract,
<br /> the State Land Board hereby reserves:
<br /> ROW 113070 Page 6 of 16 Revised DOL_20180717
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