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Licensee's Testing, or for any other purpose, and Licensee agrees to enter and use, as the <br /> case may be, the Property in its "as is" condition, and conduct Testing thereon at its own <br /> risk, and Licensee may not look to Licensor for any claim of damages, restitution of other <br /> relief in connection with such entry of construction <br /> 5 Commencement, Termination This Agreement shall commence upon its <br /> Effective Date and shall continue until August 20,2017,or until terminated by either Party <br /> upon ten (10) days prior written notice to the other Party, or as otherwise provided for <br /> herein <br /> 6 Notice Any notice or other communication required, or which may be <br /> given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed <br /> delivered (i) on the date of delivery in person, (h) five (5) days after deposit in first class <br /> registered mail, with return receipt requested, (iii) on the actual delivery date if deposited <br /> with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy <br /> sent contemporaneously by first class, certified, registered of express mail, in each case <br /> properly posted and fully prepaid to the appropriate address set forth below, or such other <br /> address as a Party may provide notice in accordance with this section <br /> Licensor Licensee <br /> Chris Boatman, Director Newland Homes LLC <br /> Quality of Life Department Attn Rob Meserve <br /> 35 Capon Street, Ste 222 3121 Michelson Drive, Suite 110 <br /> PO Box 3005 (mailing) Irvine, CA 92612 <br /> Redlands, CA 92373 <br /> 7 Indemnification of Licensor Licensee shall defend, indemnify and hold <br /> Licensor free and harmless from and against all liability, loss, damage, costs or expenses <br /> (including attorneys' fees and court costs) arising from or as the result of the death of any <br /> person or any personal injury, accident, claim, loss or damage whatsoever caused to any <br /> person or to the property of any person, or any responsibility or liability resulting from or <br /> in any way connected with Licensee's entry onto the Property and/oi Testing <br /> 8 Insurance Insurance required by this Agreement shall be maintained by <br /> Licensee throughout the term of this License Licensee shall not perform any work on the <br /> Property unless and until the required insurance listed below is obtained by Licensee <br /> Licensee shall provide City with certificates of insurance and endorsements evidencing <br /> such insurance prior to Licensee's entry onto the Property Insurance policies shall include <br /> a provision prohibiting cancellation or modification of the policy except upon thirty (30) <br /> days pr for written notice to City <br /> Workers' Compensation and Employer's Liability insurance in the amount that meets <br /> statutory requirements with an insurance carrier acceptable to City, or certification to City <br /> that Licensee is self-insured or exempt from the workers' compensation laws of the State <br /> of California Licensee shall provide City with Exhibit "A," entitled "Workers' <br /> 2 <br /> 1 1ca\dimlAgreements\New1and Holmes License Agreement rmal.docx <br />