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5. UTILITIES. LICENSEE shall pay all charges for water, sewer, gas, electricity and garbage <br /> and any related connection charges if LICENSEE elects to obtain such utility services during <br /> the LICENSEE's occupancy and use of the licensed area. <br /> 6. REPAIRS AND IMPROVEMENTS. The use of the licensed area by LICENSEE shall, in <br /> itself, constitute acknowledgment by LICENSEE that the licensed area is free of any defects <br /> of any and all kinds and that COUNTY has made no warranties of representations in regard <br /> thereto. LICENSEE shall not require COUNTY, nor shall COUNTY be obligated, to make <br /> any repairs of alterations to the licensed area during the duration of this Agreement. <br /> 7. LIABILITY FOR DAMAGES. This Agreement is made upon the express condition that <br /> COUNTY shall be free from all liabilities and claims for damage or suits, or both, for or by <br /> reason of any injury or injuries to any person or persons or property of any kind whatsoever, <br /> whether the person or property of LICENSEE, its agents or employees, or third person, from <br /> any cause or causes whatsoever while upon the Exhibit A real property during the term of <br /> this Agreement or occasioned by use of the Exhibit A real property or any activity carried on <br /> by LICENSEE in connection herewith, and LICENSEE hereby covenants and agrees to <br /> indemnify and to save harmless COUNTY from all liabilities, charges, expenses, (including <br /> attorney's fees) and costs on account of or by reason of any injuries, liabilities, claims, suits, <br /> or losses however occurring or damages arising out of same. <br /> 8. RIGHT OF TERMINATION. LICENSEE shall have the right to terminate this Agreement <br /> without stated cause therefor and without liability at any time upon giving notice in writing <br /> (30) days prior to such termination. Such notice, if given to COUNTY, shall be directed to <br /> the Director of Public Works at 399 Elmhurst Street, Hayward, CA 94544 -1307. <br /> 9. COUNTY'S FAILURE TO TERMINATE. The failure or omission of COUNTY to <br /> terminate this License Agreement for any violation of any of its terms, conditions or <br /> covenants, shall in no wise bar, stop or prevent COUNTY from termination of this <br /> Agreement thereafter, either for such or for any subsequent violation of any such term, <br /> condition or covenant. The acceptance of payments hereunder shall not be, or be construed <br /> to be, a waiver of any breach of any term, covenant or condition of this License. <br /> 3 <br />