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<br />- <br /> <br />- <br /> <br />indemnIfY and hold harmless Ucensor. Its successors and assigns, and its and their offiCers, agents. <br />employees and licensees. from any and all claims. demands, loss, damage, actions, expense and/or <br />liability, Including court costs and attorney's fees, whether to persons or to property, including the <br />property of Ucensor in any manner arising out of or resulting from activities of Ucensor, its <br />successors and assigns, In the washing of insulators on and adjacent to said property and other <br />maintenance or repair work required to be performed by LiCensor notwithstanding the circumstances <br />that Ucensor mayor may not also be alleged and/or determined to have been concurrently or <br />otherwise negligent (including active negligence) and/or to have jointly caused or contributed by <br />negligence (including active negligence) to any such claims, demands, loss, damage, expense and/or <br />liability In any such case. <br /> <br />7. The License hereby given Is personal to Ucensee and Ucensee agrees that It will not <br />assign or transfer this LiCense, or any right hereunder. In whole or In part, without first securing the <br />written consent of LiCensor thereto. Any such assignment or transfer without the written permission <br />of Licensor shall be void. No written consent by Ucensor hereunder shall be deemed a waiver by <br />LiCensor of any of the provisiOns hereof, except to the extent of such consent. <br /> <br />8. As a controlling part of the consideration for the execution and delivery of this Ucense <br />by LiCensor, Ucensee covenants, for itself, its successors and assigns. to construct and maintain the <br />bicycle path to be located on the above-described property at its own expense. The bICycle path shall be <br />constructed as approved In advance by Ucensor and Ucensee shall maintain the path in a safe <br />condition and In a condition satisfactory to Ucensor at all times. <br /> <br />9. Ucensor shall not be responsible In any manner for pacing or keeping said strips of <br />land In passable condition; and LiCensee agrees to keep said property of Ucensor free from all liens <br />and encumbrances by reason of any materials furnished or work done on said strips of land by <br />Ucensee in placing or keeping said strips of and in passable condition and repair. <br /> <br />10. It is expressly understood and agreed that the Ucense hereby given to use said strips of <br />land for a bicycle path, as hereinabove set forth, may be revoked and cancelled at any time by either of <br />the parties to this agreement by giving one hundred twenty (120) days written notice to the other of its <br />desire to so cancel this Ucense. All privileges hereunder shall automatically cease and terminate one <br />hundred twenty (120) days after the date of receipt of such written notice .by one party hereto from the <br />other party. No termination of this agreement shall release Ucensee from any liability or obligation, <br />whether of Indemnity or otherwise, which may have attached accrued previous to or which may be <br />accruing at the time of such termination. <br /> <br />6 <br />