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specimens of Hawaiian or other ancient art or handicraft which may be found in or on the Property. Upon the discovery
<br />of such objects or of any human remains in or on the Property, Permittee shall leave the same untouched and shall
<br />immediately notify Owner of the type and location of such discovery.
<br />g. Other Rules and Conditions for Entry Permittee shall comply with all other reasonable
<br />rules and conditions for entry that Owner may from time to time make and provide in writing to Permittee.
<br />5. Right of Entry is Non -Exclusive. The right of entry given to Permittee by this Agreement is non-
<br />exclusive. This Agreement is not a lease or a grant of an easement or of any other interest in the Property, and Permittee
<br />agrees not to claim any interest in the Property under this Agreement.
<br />6. Risk of Damage to Person or Property: Indemnity. As a material part of the consideration to Owner
<br />for this Agreement, Permittee assumes all risk of damage to property and bodily injury or death to persons incurred in,
<br />on or about the Property during, or directly or indirectly arising out of, the entry onto the Property by Permittee or any
<br />Authorized Persons, regardless of what causes any such damage or injury. Permittee hereby waives all claims which
<br />Permittee may have, now or later, against Owner and its trustees, executives, officers, employees, agents, contractors
<br />and invitees (collectively, "Owner and its Agents and Invitees'), for any such damage, injury or death. Further,
<br />Permittee agrees to indemnify, defend and hold harmless Owner and its Agents and Invitees from and against any and
<br />all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees and costs) (collectively,
<br />the "Claims") for which Owner and its Agents and Invitees may become liable, including, without limitation, Claims
<br />made by any Authorized Persons or any person (including insurance companies and employees) claiming under, or
<br />reporting to, or under the supervision or control of Permittee or any Authorized Persons, which Claims, directly or
<br />indirectly, arise out of, are caused or occasioned by, or result from: (a) the entry by Permittee or any Authorized
<br />Persons onto the Property, (b) die performance by Permittee or any Authorized Persons of work at or about the
<br />Property, (c) a breach of this Agreement by Permittee, or (d) acts or omissions of Permittee or any Authorized Persons.
<br />Permittee further agrees that in case of any Claim, threatened or actual, against Owner or Owner's Agents or Invitees,
<br />upon written request of Owner or Owner's Agents or Invitees, Permittee shall defend the same at Permittee's expense
<br />by counsel satisfactory to the person requesting the same. If no request is made for such defense or if Permittee does
<br />not provide such defense, then Permittee shall reimburse Owner and its Agents and Invitees for the cost of such defense,
<br />and agrees to cooperate with Owner and its Agents and Invitees in such defense, including, but not limited to, the
<br />providing of affidavits and testimony upon request of Owner and its Agents and Invitees. The provisions of this
<br />section shall survive termination of this Agreement.
<br />7. Insurance. Permittee shall procure and maintain at Permittee's expense during the Term (and shall
<br />cause the Authorized Persons to procure and maintain during the Term), the insurance policies and coverages, with the
<br />minimum limits, set forth in the Specific Provisions, and upon such terms and conditions as are customarily included
<br />in such lines of insurance written for responsible companies in the same type of businesses as the Authorized Persons.
<br />Owner shall be an additional insured on all insurance policies required under this Agreement. Copies of such policies
<br />or certificates showing the existence of such policies shall be given to Owner upon execution of this Agreement.
<br />8. Remedies. If either party breaches its agreements or obligations under this Agreement, the other party
<br />may seek specific performance, damages, and/or any other remedy available at law or in equity. Further, if Permittee
<br />breaches any of its agreements or representations, Owner shall have, in addition to all other rights and remedies
<br />available at law or in equity, the right to immediately terminate this Agreement upon written notice to Permittee.
<br />9. Reports, Confidentiality. Permittee shall promptly furnish to Owner, free of charge and free of
<br />limitations on use, copies of all reports, studies, tests and other information relating to the condition of the Property
<br />that result from Permittee's entry onto the Property, and, except as otherwise required by law, Permittee shall not
<br />disclose such reports, studies, tests and other information to any person or entity, without Owner's prior written
<br />consent. This section shall survive termination of this Agreement.
<br />10. Federal Financial Assistance. The parties intend that Owner shall not receive "Federal Financial
<br />Assistance" within the meaning of Title VI of the Civil Rights Act of 1964, as amended, and the applicable
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