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waste shall be appropriately managed and properly disposed of :at an appropriately -
<br />licensed facility in accordance with all applicable Legal Requirements, including
<br />manifesting requirements.
<br />1246 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) "Indernnitees" means Licensor, .Operator and their
<br />respective affiliated companies, partners, successors,.. assigns, legal. representatives,
<br />officers, directors; shareholders, employees, and agents; (b) "Liabilities'` means allclai►ns,
<br />iiabiRies,.fines , penalties; costs,. damages, losses, liens, causes of action; s.uits,. 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 />13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL
<br />CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD
<br />HARMLESS INDEMNITEES FOR, FROM, ANDAGAINST 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 />13.2.1 THIS LICENSE, INCLUDING, WITHOUT LIMITATION,. ITS ENVIRONMENTAL
<br />PROVISIONS,
<br />13.2.2 ANY RIGHTS,OR INTERESTS:GRANTE❑ 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 />CARR[ER DEFENSES, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS; AND
<br />DEFEND 1NDEMNITEES FORANY LIABILITIES RELATED TO THAT CONSTRUCTION
<br />OF THIS. LICENSE. IN NO EVENT AS BETWEEN LICENSOR AND LICENSEE AS TO
<br />Form 424; Rev. 24790910
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