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<br />permits. All equipment and material storage shall be secured by Company on the Permit
<br />Property.
<br />
<br /> d. Company shall at all times keep the Permit Property free and clear of all
<br />liens and encumbrances affecting title to the Permit Property in connection with any work
<br />performed by the Company Parties under this Agreement. Upon notice of any such lien or claim,
<br />Company may bond and contest in good faith the validity and the amount of such lien, but
<br />Company shall immediately pay any judgment rendered, shall pay all proper costs and charges,
<br />and shall have the lien or claim released at its sole expense.
<br />
<br /> e. Company shall comply with all applicable state, federal and local laws,
<br />regulations, rules and orders, with respect to this Permit and the Permitted Activities, including,
<br />without limitation, all Environmental Laws (defined in Exhibit D, attached hereto and
<br />incorporated herein by reference). Company shall not cause or permit any Hazardous Material
<br />(defined in Exhibit D, attached hereto and incorporated herein by reference) to be generated,
<br />brought onto, used, stored, or disposed of in or about the Permit Property. Company shall
<br />provide evidence of such compliance to City upon request.
<br />
<br /> f. Company shall, at Company’s own cost and expense during the term of
<br />this Agreement, keep and maintain the Permit Property in good order and repair, as determined
<br />by City in City’s sole discretion, and free of any environmental contamination (including without
<br />limitation gas, oil, diesel, and other hydrocarbon contamination from vehicles, equipment and
<br />property brought onto the Permit Property during the term of this Agreement); and shall remove
<br />any such contamination at Company’s sole cost and expense.
<br />
<br /> g. Company shall comply with all requirements as specified in Exhibit E,
<br />attached hereto and incorporated herein by reference.
<br />
<br /> 6. Indemnification. Company agrees to defend (with Counsel approved by City) and
<br />hold City and its elected and appointed officers, officials, employees, agents and representatives
<br />(all of the foregoing collectively “Indemnitees”) harmless from and against all liability, loss,
<br />cost, claim, demand, action, suit, legal or administrative proceeding, penalty, deficiency, fine,
<br />damage and expense (including, without limitation, reasonable attorney’s fees and costs of
<br />litigation) (all of the foregoing collectively “Claims”) resulting from or arising in connection
<br />with entry upon the Permit Property by Company or Company’s agents, employees, consultants,
<br />contractors or subcontractors pursuant to this Permit; except and to the extent caused by the
<br />gross negligence or willful misconduct of Indemnitees. This indemnity includes any claims,
<br />actions, or costs related to defense of any copyright, trademark, or software infringement that
<br />may occur due to or over the Permit Property. Company agrees to indemnify and hold City
<br />harmless for all environmental contamination or damage that may be caused by Company’s
<br />usage of the Permit Property. Company’s indemnification obligations set forth in this section
<br />shall survive the termination of this Agreement.
<br />
<br /> 7. Release of Claims. Company hereby waives, releases, and discharges forever
<br />Indemnitees from all present and future Claims arising out of or in any way connected with entry
<br />upon the Permit Property by Company or Company’s agents, employees, consultants, contractors
<br />378
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