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or injuries (including death) to persons or property, or otherwise, arising out of or in any <br />way resulting from Grantee's, its affiliates', agents', employees', independent • <br />contractors' or invitees' exercise of the rights granted hereunder; and (iii) in connection <br />with any litigation or investigation, including any suit instituted and resolved in favor of a <br />Grantor Indemnitee to enforce the obligations of this indemnity, due in whole or in part to <br />any act, omission or negligence of Grantee or of any of its affiliates, agents, employees, <br />independent contractors or invitees; provided, however, except as otherwise expressly <br />provided in Section 6(a) hereof, Grantee's indemnification obligation under this Section <br />5(a) shall not apply to any costs or expenses incurred by Grantor in maintaining and <br />repairing the THR pursuant to Section 6(a) hereof, or to any acid all claims, suits, <br />investigations, proceedings, demands, losses, liabilities, damages or expenses to the <br />extent caused by the negligence or willful misconduct of any Grantor Indemnitee. This S <br />agreement of indemnification shall survive the cancellation, expiration or termination of <br />this Agreement. <br />(b) Grantee accepts the THR in its current condition and <br />understands that deterioration will occur, that repairs and maintenance will be necessary <br />and that third parties (both invited and uninvited) may use the THR, and, accordingly, <br />Grantee agrees that it shall be solely responsible for its own use of the THR, and that <br />Grantor shall not have any responsibility or liability for the safe condition of the THR or <br />for preventing third parties from entering the THR or its property, and shall not have any <br />(00907205.1 } <br />3-4.46 <br />