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owner with a proprietary interest in the Zone 7 Property and not as a regulatory agency with police powers. Nothing herein shall limit in any way Licensee's obligation to obtain any required regulatory approvals from Zone 7 departments, boards or commissions or any other governmental regulatory authorities or limit in any way Zone 7's exercise of its police powers. 9. Public Safety. Licensee agrees to conduct its activities at all times in a safe and prudent manner with full regard to the public safety and to observe all applicable regulations and requests of the Zone 7 and other government agencies responsible for public safety. 10. Utilities. Zone 7 has no responsibility or liability of any kind with respect to any utilities that may be under the Zone 7 Property. Licensee has the sole responsibility to locate such utilities and protect them from damage arising out of Licensee's activities. Licensee shall be solely responsible for arranging and paying for any utilities or services necessary for its activities hereunder. 11. Zone 7's Ril!ht to Cure Defaults bv Licensee. If Licensee defaults in the performance of any of its obligations under this Agreement, Zone 7 may, at its sole option, remedy such failure for Licensee's account and at Licensee's expense by providing Licensee with three (3) days prior written or oral notice of Zone 7's intention to cure such default (except that no such prior notice shall be required in the event of an emergency as determined by Zone 7). Such action by Zone 7 shall not be construed as a waiver of any rights or remedies of Zone 7 under this Agreement, and nothing herein shall imply any duty of Zone 7 to do any act that Licensee is obligated to perform. Licensee shall pay to Zone 7 upon demand, all costs, damages, expenses or liabilities incurred by Zone 7, including, without limitation, reasonable attomeys' fees and costs, in remedying or attempting to remedy such default. Licensee's obligations under this Section shall survive the expiration or termination of this Agreement. 12. As Is Condition of Zone 7 PropertY; Disclaimer of Representations. Licensee accepts the Zone 7 Property in its "AS IS" condition, without representation or warranty of any kind by Zone 7, its officers, agents or employees, including, without limitation, the suitability or safety of the Zone 7 Property or any facilities on the Zone 7 Property, for Licensee's use. Licensee, at its own expense, shall obtain such permission or other approvals from any third parties with existing rights as may be necessary for Licensee to make use of the Zone 7 Property in.the manner contemplated hereby. 13. Waiver of Claims. a) Neither Zone 7 nor any of its commissions, departments, boards, officers, agents or employees shall be liable for any damage to the property of Licensee, its officers, agents, employees, invitees,