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<br /> 2. Licensee shall require its contractors/subcontractors, prior to commencing any installation, repair or
<br /> maintenance work on the premises to provide the Licensor a certificate of insurance evidencing like coverages
<br /> and limits as described above.
<br /> 3. During the term of this License and any renewals thereof,the Licensee shall provide to the Licensor,upon the
<br /> anniversary date of this License, a certificate of insurance evidencing the coverage in the amounts shown
<br /> above. All certificates issued on behalf of the Licensee to the Licensor shall require no less than thirty (30)
<br /> days prior written notice to the Licensor as to the termination,lapse, or reduction in coverage.
<br /> 4. The failure of the Licensee to maintain any of the coverage or meet any of the required conditions of this
<br /> License shall constitute a default. Upon such default, the Licensor shall have the option of obtaining and
<br /> maintaining such coverage as set forth in Section III(A)(1)herein and shall have the right of reimbursement
<br /> from the Licensee for the cost of said coverage, or shall have the option of terminating this License upon
<br /> thirty(30)days written notice to the Licensee.
<br /> B. Indemnification
<br /> 1. Licensee agrees to indemnify, defend and hold Licensor harmless from and against injury, loss, damage or
<br /> liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees
<br /> and court costs)which may be imposed upon or incurred by or asserted against Licensor occurring during the
<br /> term of this License, or during any period of time prior to the Commencement Date hereof or after the
<br /> expiration date hereof when Licensee may have been given access to or possession of all or any part of the
<br /> Premises arising from:
<br /> (i) any work or act done in, on or about the Premises or any part thereof, including the installation, use,
<br /> maintenance, repair or removal of the Licensee Facilities, at the direction of Licensee, its agents, contractors,
<br /> subcontractors,servants, employees,Licensees or invitees,except if such work or act is done or performed by
<br /> Licensor or its agents or employee;
<br /> (ii) any negligence (including gross or ordinary negligence, any willful or wanton act or omission or any
<br /> other wrongful act or omission occurring in, on, or about the Premises or any part thereof,to the extent such
<br /> injury, loss, damage, liability, costs, and/or expenses are caused by the negligence, gross negligence, or
<br /> misconduct of Licensee, its agents, employees, contractors, subcontractors, servants, licensees, or invitees;
<br /> and
<br /> (iii)any failure on the part of Licensee to perform or comply with any of the covenants, agreements, terms,
<br /> provisions, conditions or limitations contained in this License on its part to be performed or complied with.
<br /> 2. To the extent authorized by North Carolina law Licensor agrees to indemnify, defend and hold Licensee
<br /> harmless from and against injury, loss, damage (but not consequential damages or punitive damages), or
<br /> liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees
<br /> and court costs)which may be imposed upon or incurred by or asserted against Licensee occurring during the
<br /> term of this License arising from:
<br /> (i) any negligence (including gross or ordinary negligence, any willful or wanton act or
<br /> omission or any other wrongful act or omission occurring in, on, or about the Licensee
<br /> Facilities or any part thereof, to the extent such injury, loss, damage, liability, costs,
<br /> and/or expenses are caused by the negligence, gross negligence, or misconduct of
<br /> Licensor,its agents or employees;and
<br /> (ii) any failure on the part of Licensor to perform or comply with any of the covenants, agreements, terms,
<br /> provisions,conditions or limitations contained in this License on its part to be performed or complied with.
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