Laserfiche WebLink
Law Department Approved 08 -36053 <br />(iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE <br />PREMISES CAUSED BY OR CONTRIBUTED BY LICENSEE, OR <br />(v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, <br />AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR <br />ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, <br />OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, <br />EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN WHOLE <br />OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE THE ONLY LIABILITIES <br />WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO INDEMNIFY THE <br />INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE EXTENT <br />PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL <br />MISCONDUCT OF AN INDEMNITEE. <br />(14 FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, <br />NOTWITHSTANDING THE LIMITATION IN SECTION 20(a), LICENSEE SHALL <br />AND SHALL CAUSE ITS CONTRACTOR TO NOW AND FOREVER WAIVE <br />ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON THE STRICT <br />LIABILITY, NEGLIGENCE OR OTHERWISE, THAT RAILROAD IS AN <br />"OWNER "OPERATOR "ARRANGER OR "TRANSPORTER" WITH <br />RESPECT TO THE WALKWAY [OR THE PATH] FOR THE PURPOSES OF <br />CERCLA OR OTHER ENVIRONMENTAL LAWS. LICENSEE WILL <br />INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM <br />ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE <br />INDEMNITEES. LICENSEE FURTHER AGREES THAT THE USE OF THE <br />PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY <br />WAY SUBJECT LICENSOR TO CLAIMS THAT LICENSOR IS OTHER THAN A <br />COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND <br />EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE <br />INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO <br />EVENT SHALL LICENSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL <br />CONDITION OF THE PREMISES. <br />(c <br />TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER <br />AGREES, AND SHALL CAUSE ITS CONTRACTOR TO AGREE <br />REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY <br />INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES <br />AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED <br />AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO <br />THE FEDERAL EMPLOYERS' LIABILITY ACT "FELA WHENEVER <br />EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, OR <br />CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY <br />INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, <br />ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED <br />VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR <br />REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY <br />9 <br />Form 419; Rev. 04/26/05 <br />