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4. LIABILITY FOR DAMAGES. This Agreement is made upon the express condition <br />that LICENSOR shall be free from all liabilities and claims for damage or suits,· or both, for or. <br />by reason of any injury' or injuries to any person or persons or property of any kind <br />whatsoever, whether the person or property of LICENSEE, its agents or employees, or third <br />persons, from any cause or causes whatsoever while upon said real property and/or in said <br />improvements or any part thereof during the term of this Agreement or occasioned by use of <br />said real property and/or improvement or any activity carried on by LICENSEE in connection <br />herewith, and LICENSEE hereby covenants and agrees to indemnify and to save harmless <br />LICENSOR from all liabilities, charges, expenses (including counsel fees) and costs on <br />account of or by reason of any such injuries, liabilities, claims, suits, or losses however <br />occurring or damages arising out of same. <br /> <br /> 5. ENCUMBRANCES. LICENSEE shall not encumber the licensed premises in any <br /> <br />manner whatsoever. <br /> <br /> 6. SURRENDER AND HOLDING OVER. LICENSEE covenants that at the termination <br />of this Agreement, LICENSEE will quit and surrender said subject real property in good state <br />and condition. <br /> <br /> IN WITNESS WHEREOF, the parties, hereto, thereunto duly authorized, have <br /> <br />executed this Agreement the day and year first above written. <br /> <br />LICENSEE LICENSO~ ~_~~ <br /> · "'--"'t , <br /> City of Pleasanton. ss C. Spencer Mortuary, Inc <br /> Right-of-~gent <br /> <br /> Exhibit "A" Page 19 of 27 <br /> <br /> <br />