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219\3064780.4 4 <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