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9. Alterations, Additions and IrnQrovements. Licensee may not make any alterations,
<br />improvements or additions in, on or about any of the Licensed Premises, including but not limited to
<br />Licensee's occupied portion, without first obtaining Licensor's prior written consent.
<br />10. Indemni . Licensee agrees to indemnify, defend, and hold Licensor, its elected and
<br />appointed officials, employees, agents, successors and assigns, volunteers, and guests, and the personal
<br />property of the Licensor, including said Property, free and harmless of any and all claims, liability, loss,
<br />damage, or expenses resulting from Licensee's use of said Licensed Premises and the Centers,
<br />specifically including, without limitation, any claim liability, loss or damage arising by reason o£
<br />(a) The death or injury of any person or persons, including Licensee or any person who is an
<br />official, officer, employee, agent, guest, volunteer, visitor, or customer of Licensee, or by reason
<br />of the damage or destruction of any property, including property owned by Licensee or any
<br />person who is an official, officer, employee, agent, guest, volunteer, visitor, or customer of
<br />Licensee, and caused or allegedly caused by either the condition of said premises, or some act or
<br />omission of Licensee or of some agent, contractor, employee, servant, guest, or customer of
<br />Licensee on said Property;
<br />(b) Any work performed on said Licensed Premises and/or Centers or materials furnished to
<br />said Licensed Premises and/or Centers at the insistence or request of Licensee;
<br />(c) Licensee's failure to perform any provision of this License, or to comply with any
<br />requirement of local, state or federal law or any requirement imposed on Licensor or the Licensed
<br />Premises and Centers by any duly authorized governmental agency or political subdivision; and
<br />11. Hazardous Materials Prohibited. The use, generation, storage or disposal of Hazardous
<br />Materials on the Licensed Premises is strictly prohibited, and any such use, generation, storage, or
<br />disposal shall result in a default and termination of this License. For the purpose of this Section,
<br />Hazardous Materials shall include, without limitation, substances defined as "hazardous substances",
<br />"hazardous materials", "toxic substances", "hazardous wastes", "extremely hazardous wastes", or
<br />"restricted hazardous wastes", or stated to be known to cause cancer or reproductive toxicity, under the
<br />Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42
<br />U.S.C. sections 9601, et seq; the Hazardous Materials Transportation Act, 49 U.S.C. sections 1801, et
<br />seq, the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901, et seq; the Federal Water
<br />Pollution Control Act, 33 U.S.C. sections 1317, et seq; sections 25115, 25117, 25122.7, 25140, 25249.5,
<br />25249.8, 25281, 25316 or 25501 of the California Health & Safety Code; or any substances so defined or
<br />stated in any of the regulations adopted and publications promulgated pursuant to said laws as they may
<br />be amended from time to time.
<br />12. Insurance. Licensee shall, during the term of this License:
<br />(a) Procure and maintain Worker's Compensation Insurance as required by the laws of the
<br />State of California.
<br />(b) Procure and maintain comprehensive liability insurance in the amount of $1,000,000 for
<br />any person, $1,000,000 for any occurrence, and $1,000,000 for property damage.
<br />(c) Automobile liability insurance in the amount of $1,000,000 per accident for bodily injury
<br />and property damage.
<br />ORMGWPP120406.1
<br />9/23/053
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