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waste shall be appropriately managed and property disposed of at an appropriately -
<br />licensed facility in accordance with all .applicable Legal Requirements, including
<br />manifesting requirements.
<br />12.6 All fill materials to be imported to Licensor's property shall be certified clean. fill or from a
<br />source specifically approved by Licensor, and supporting documentation shall be. provided
<br />to Licensor upon request.
<br />LIABILITY AND INSURANCE
<br />13. Liability and Indemnification,.
<br />13.1.. For purposes of this. Licenser (a) "Indemnitees" means .Licensor, Operator and their
<br />respective affiliated companies, partners,. :successors, assigns, legal. representatives,
<br />officers, directors, shareholders, employees, and agents; (b) "Liabilities" means all claims,
<br />liabilities; fines, penalties, costs, darnages, losses, liens, causes of action, suits, demands,
<br />judgments, and expenses {including, without. limitation, court.costs, reasonable. attorneys'
<br />fees,. costs of investigation, removal and remediation,..and governmental oversight costs)
<br />environmental or otherwise; and (c):"Licensee Parties" means Licensee and Licensee's
<br />officers, agents, invitees, licensees, .employees, or contractors, or :any party directly or
<br />indirectly employed by. any of them, or any party they.control or exercise control over.
<br />1312 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL
<br />CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD
<br />HARMLESS INDEMN[TEES FOR, FROM, AND AGAINST ANY AND ALL LIABILITIES
<br />OF ANY NATURE, KIND, OR DESCRIPTION DIRECTLY OR INDIRECTLY ARISING
<br />OUT OF, RESULTING FROM, OR RELATED TO (IN WHOLE OR IN PART):
<br />1.3.2A THIS LICENSE, INCLUDING; WITHOUT LIMITATION, ITS ENVIRONMENTAL
<br />PROVISIONS,
<br />13.2.2 ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE,
<br />13.2.3 LICENSEE'S OCCUPATION AND USE OF THE PREMISES,
<br />13.2.4 THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES
<br />CAUSED BY, AGGRAVATED BY, OR CONTRIBUTED TO, IN WHOLE OR IN
<br />PART, BY ANY LICENSEE PARTY,.INCLUDING ANY OFF -SITE MIGRATION,
<br />OR
<br />13.2.5 ANY ACT OR OMISSION OF ANY LICENSEE PARTY.
<br />13.3 TO. THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE NOW AND FOREVER
<br />WAIVES AND WILL INDEMNIFY, DEFEND, AND. HOLD THE INDEMNITEES.
<br />HARMLESS FROM ANY AND ALL CLAIMS THAT BY VIRTUE OF ENTERING INTO
<br />THIS LICENSE, LICENSOR IS A GENERATOR, OWNER,. OPERATOR, ARRANGER,
<br />OR TRANSPORTER FOR THE PURPOSES OF THE COMPREHENSIVE
<br />ENVIRONMENTAL. RESPONSE, COMPENSATION, AND LIABILITY ACT, AS
<br />AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS (DEFINED BELOW).
<br />NOTHING IN THIS LICENSE IS MEANT BY EITHER PARTY TO CONSTITUTE A
<br />WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES AND THIS
<br />.LICENSE SHOULD NOT BE SO CONSTRUED. IF ANY AGENCY OR COURT
<br />CONSTRUES THIS LICENSE TO BE A WAIVER OF ANY INDEMNITEE'S COMMON.
<br />CARRIER DEFENSES, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS, AND
<br />DEFEND INDEMNITEES FOR ANY LIABILITIES RELATED TO THAT CONSTRUCTION
<br />OF THIS LICENSE. 1N NO EVENT AS BETWEEN. LICENSOR AND LICENSEE AS TO
<br />6 Form 424. Rev. =90916
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