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Licensor the cost of such cleanup promptly upon the receipt of a bill <br />therefor. Licensee agrees to investigate, release, indemnify and <br />defend Licensor from and against all liability, cost and expense <br />(including without limitation and fines, penalties, judgments, <br />litigation costs and attorney fees) incurred by Licensor as a result of <br />Licensee's breach of this section, or as a result of any such <br />discharge, leakage, spillage, emission or pollution, regardless of <br />whether such liability, cost or expense arises during the time this <br />agreement is in effect or thereafter, unless such liability, cost or - <br />expense is proximately caused solely and exclusively by the active <br />negligence of Licensor, its officers, agents or employees. <br />12. Licensee shall pay all persons who perform labor on said <br />premises for Licensee, and will not suffer any mechanics' or <br />materialmen's liens to be enforced against Licensor's premises for for <br />work done or materials furnished at Licensee's instance or request. If <br />any such liens are filed thereon, Licensee agrees to remove the same at <br />Licensee's own cost and expense and to pay any judgment which may be <br />entered thereon or thereunder. Should the Licensee fail, neglect or <br />refuse so to do, Licensor shall have the right to pay any amount <br />required to release any such lien or liens, or to defend any action <br />brought thereon, and to pay any judgment entered therein, and the <br />Licensee shall be liable to the Licensor for all costs, damages, and <br />reasonable attorney fees, and any amounts expended in defending any <br />proceedings or in the payment of any of said liens or any judgment <br />obtained therefor. <br />e <br />14. Said structure shall be installed in accordance with the <br />minimum requirements of Drawing No. CS -17419 attached and made a part <br />hereof. <br />IN WITNESS WHEREOF , the parties hereby have caused these presents <br />to be executed in duplicate the day and year first hereinabove written. <br />WITNESSED BY: <br />(4) <br />LICENSOR 1-11 <br />By <br />.NM. IVANUSICH, MANAGE <br />Agreements & Contracts <br />LICENSEE <br />BY <br />FRANK A. GONZKJSO <br />Mayor, City of Colton <br />