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SROW# 75987
<br /> L 7.5ge7
<br /> OFFICERS, SHAREHOLDERS, AFFILIATES, AND SUBSIDIARIES, SUCCESSORS AND
<br /> ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, AND
<br /> OFFICERS ( "INDEMNIFIED PARTIES ") HARMLESS FROM AND AGAINST ANY AND
<br /> ALL LIABILITIES, DAMAGES, LOSSES, CLAIMS, DEMANDS, JUDGMENTS, COSTS,
<br /> AND EXPENSES (INCLUDING THE REASONABLE COST OF DEFENSE THEREOF AND
<br /> REASONABLE ATTORNEYS' FEES ACTUALLY INCURRED) WHETHER IN CONTRACT,
<br /> STRICT LIABILITY OR TORT, TO THE EXTENT, BUT ONLY TO THE EXTENT, THE
<br /> SAME ARISE FROM OR RELATE TO ENVIRONMENTAL CONDITIONS CAUSED BY
<br /> THE USE, INSTALLATION, OPERATION, MAINTENANCE, REPAIR, MODIFICATION,
<br /> PRESENCE OR REMOVAL OF THE PEDESTRIAN AND BICYCLE TRAIL AND RELATED
<br /> APPURTENANCES BY LICENSEE, ITS EMPLOYEES, CONTRACTORS,
<br /> SUBCONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR
<br /> ASSIGNS. LICENSEE'S INDEMNIFICATION OBLIGATIONS HEREUNDER SHALL NOT
<br /> BE EXPANDED OR REDUCED AS A RESULT OF THE NEGLIGENCE OF AN
<br /> INDEMNIFIED PARTY, WHETHER JOINT, CONTRIBUTORY, COMPARATIVE OR
<br /> CONCURRENT NEGLIGENCE. LICENSEE ALSO AGREES TO REQUIRE ITS
<br /> CONTRACTORS AND SUBCONTRACTORS TO INDEMNIFY LICENSOR TO THE
<br /> FULLEST EXTENT PERMITTED BY LAW CONSISTENT WITH THE FOREGOING
<br /> INDEMNITY RELATING TO ENVIRONMENTAL CONDITIONS, REGARDLESS OF THE
<br /> NEGLIGENCE OR FAULT OF LICENSOR, ITS EMPLOYEES, CONTRACTORS,
<br /> SUBCONTRACTORS, AGENTS, DIRECTORS, OFFICERS, AFFILIATES,
<br /> SHAREHOLDERS, SUBSIDIARIES, SUCCESSORS AND ASSIGNS.
<br /> 24. Licensee's Insurance To Cover Indemnities. THE INDEMNITIES AND COVENANTS
<br /> PROVIDED BY LICENSEE UNDER THIS AGREEMENT, INCLUDING LICENSEE'S
<br /> INSURANCE REQUIREMENTS UNDER SECTION 20 ABOVE, SHALL, AT A MINIMUM,
<br /> EXTEND TO THE LIMITS AND COVERAGES OF ANY GENERAL LIABILITY OR
<br /> AUTOMOBILE LIABILITY INSURANCE POLICY MAINTAINED BY LICENSEE
<br /> AND MADE APPLICABLE TO THIS AGREEMENT, INCLUDING LICENSEE'S
<br /> CERTIFICATE OF COVERAGE ATTACHED HERETO AS EXHIBIT "E" AND
<br /> INCORPORATED HEREIN FOR ALL PURPOSES.
<br /> FOR THE AVOIDANCE OF DOUBT, IF LICENSEE USES LICENSEE'S AGENTS
<br /> OR EMPLOYEES TO PERFORM ANY WORK UNDER THIS AGREEMENT, LICENSEE
<br /> SHALL PURSUE COLLECTION UNDER LICENSEE'S INSURANCE POLICY(IES) TO
<br /> EFFECTUATE AND HONOR THE INDEMNITIES PROVIDED HEREIN, WITHOUT
<br /> REGARD TO WHETHER THE CLAIMS FOR WHICH LICENSOR IS HELD LIABLE OR
<br /> COULD BE HELD LIABLE EXCEED THOSE FOR WHICH THE LICENSEE ITSELF IS, OR
<br /> COULD LEGALLY BE, HELD LIABLE.
<br /> 25. Contractor's Indemnity. Licensee shall require the following indemnity provision in the
<br /> contracts between Licensee and all contractors performing any work under this License
<br /> Agreement or on the Property:
<br /> AS PART OF THE CONSIDERATION FOR THIS AGREEMENT, CONTRACTOR
<br /> HEREBY BINDS ITSELF, ITS SUCCESSORS, ASSIGNS, AGENTS AND LICENSEES TO
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