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defend Grantor against any and all Claims, as defined below, arising out of or
<br />connected with the violation of any law by Grantee while on or about the Property.
<br />5. Damaae to Grantor's Property. Facilities or Equipment. If any property, facilities or
<br />equipment owned, used or maintained by Grantor are damaged in connection
<br />with Grantee's activities, Grantor shall repair, or arrange for the repair of such damage,
<br />and Grantee shall pay the full cost of such repair within thirty (30) days after receipt
<br />of an invoice from Grantor.
<br />6. Indemnity. To the maximum extent permitted by law, Grantee shall indemnify and
<br />defend Grantor against all claims, demands, actions, suits, judgments, losses, damages
<br />(including, but not limited to, lost profits, and other actual, compensatory, direct,
<br />consequential, punitive, and exemplary damages), expenses, penalties, fines, sanctions,
<br />court costs, litigation costs, and attorneys' fees (the "Claims") arising out of or relating
<br />to any destruction of or damage to any property or natural resource, any injury to or
<br />death of any person, or any environmental pollution or contamination whatsoever, where
<br />such destruction, damage, injury, death, pollution, or contamination actually or allegedly
<br />arises in whole or part from any action or omission of Grantee while on or about
<br />the Property. Grantee's obligations hereunder shall survive the termination or expiration
<br />of this Agreement.
<br />7 Assumption of Risk. Grantee is fully aware of the dangers of working on and about
<br />the Property and knowingly and willingly assumes all risk of harm (e.g., injury to or
<br />death of persons and damage to or destruction of property) that may occur while on and
<br />about the Property.
<br />8. Expiration of the Agreement. This Agreement will expire at 5:OOP.M. on September
<br />13, 2013 or date in which the Grantee is fee owner of property where activities listed in
<br />Section 1 occur.
<br />9. Assignment. Grantee shall not assign or in any manner transfer this Agreement,
<br />voluntarily or involuntarily, by operation of law or otherwise, without the advance
<br />written consent of Grantor, which may be withheld for any reason or no reason. Any
<br />attempt to do so by Grantee shall be void. Subject thereto, this Agreement shall inure
<br />to the benefit of, and be binding upon the heirs, executors, administrators, successors
<br />and assigns of the respective parties.
<br />10. Mere License. The license granted by this Agreement is a mere license to enter onto
<br />the Property for the specified purpose and does not create any estate or interest
<br />in the Property.
<br />11. Interpretation. This Agreement shall not be construed against the party preparing it, but
<br />shall be construed as if all parties, and each of them, jointly prepared it, and any
<br />uncertainty or ambiguity shall not be interpreted against any one party.
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