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<br />Property and signing all waste manifests. NSP shall not be listed as a generator for any
<br />wastes generated in connection with the Licensed Facility and/or Licensee’s activities.
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<br />17. Licensee’s Sole Risk and Expense. Licensee agrees that use of the Licensed Property by
<br />Licensee hereunder, or its employees, licensees, agents, contractors, subcontractors,
<br />invitees, suppliers and other persons, shall be at the sole risk and expense of Licensee.
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<br />18. Licensee’s Responsibilities. It is Licensee’ responsibility to ensure that the use of the
<br />Licensed Property will not be in violation of any lawful regulation, ordinance, statute,
<br />order, decree or permit of the County of Washington, the State of Minnesota, or any other
<br />governmental entity that may have jurisdiction over these Licensed Property. Licensee
<br />will not permit or undertake any activities on the Licensed Property that will invalidate
<br />Licensee’s insurance policy required under Section 5 hereof or that will unduly raise the
<br />rate of insurance on the Licensed Property.
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<br />19. Costs. Licensee shall timely pay all fees, taxes, wages, salaries and other charges and
<br />expenses in any manner associated with this Agreement.
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<br />20. Security. Licensee shall provide all security necessary pursuant to this Agreement,
<br />including that necessary for its vehicles, improvements, machinery, equipment, facilities
<br />and supplies and NSP shall have no liability, except due to NSP's gross negligence or
<br />willful misconduct, for any injury, loss or damage arising out of Licensee’s failure to
<br />properly provide such security.
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<br />21. Partnership or Joint Venture. Nothing in this Agreement shall be interpreted or construed
<br />as a partnership or joint venture between NSP and Licensee concerning Licensee’s
<br />operations on the Licensed Property.
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<br />22. Property Information. Upon request, Licensee shall provide NSP with a copy of all data,
<br />reports, or other information collected by Licensee relating to any sampling or Work
<br />conducted on the Property.
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<br />23. Release and Indemnification.
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<br />(a) As used in this License Agreement, the term “Claims” means (1) claims, demands,
<br />liens, suits, actions, causes of action, proceedings, orders, decrees and judgments of any kind or
<br />nature whatsoever by or in favor of anyone whomsoever including claims asserted against NSP by
<br />a federal, state or local government entity; (2) losses, liabilities, costs, damages and expenses,
<br />including attorneys’ fees, expert witness fees, consultant fees, and court and arbitration costs, at
<br />all levels, whether or not litigation or arbitration is commenced; (3) fines and penalties; (4)
<br />environmental costs, including, but not limited to, investigation, removal, remediation, and
<br />restoration costs, natural resource damages, and consultant and other fees and expenses; (5)
<br />damages of any kind, including lost profits and consequential damages; and (6) any and all other
<br />costs or expenses.
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