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the Permittee's Contractors may access the Property in <br />compliance with the approved entry plan. <br />i) Risk of Damage to Persons or Property; Indemnification. <br />Section 6 of the General Provisions (Exhibit B) of this <br />Agreement, "Risk of Damage to Person or Property, <br />Indemnity", is amended and restated in its entirety to read as <br />follows: <br />6. Risk of Damage to Person or Property, Indemnity. <br />(a) As a material part of the consideration to <br />Owner and its trustees, executives, officers, employees, <br />agents, contractors and invitees (collectively, "Owner and its <br />Agents and Invitees") for this Agreement, and except to the <br />extent caused by the gross negligence or willful misconduct <br />of Owner, Permittee agrees that it assumes all risk of any <br />injury, loss or damage to any person or property arising out or <br />relating to Permittee's, any Authorized Person's or the <br />public's entry onto the Property, and acknowledges that <br />Owner and its Agents and Invitees shall not be responsible or <br />liable to Permittee for the same, and further hereby releases <br />and waives any and all claims against Owner and its Agents <br />and Invitees relating to any such injury, loss or damage to any <br />person or property arising out of or relating to Permittee's, <br />any Authorized Person's or the public's entry onto the <br />Property, except to the extent such injury, loss or damage is <br />caused by the gross negligence or willful misconduct of <br />Owner and its Agents and Invitees. <br />(b) As an additional material part of the <br />consideration to Owner and its Agents and Invitees for this <br />Agreement, and subject to approval by Hawaii County <br />Council, Permittee shall indemnify, defend and hold harmless <br />the Owner and its Agents and Invitees from and against any <br />and all claims, causes of action, actions, liabilities, damages <br />(including consequential damages), judgments, liens, <br />governmental fines and expenses, including reasonable <br />attomey's fees and costs, arising from or related to (i) the <br />entry onto the Property by Permittee, Authorized Persons and <br />the public pursuant to and/or as a result of this Agreement; (ii) <br />the performance by Permittee or any Authorized Persons of <br />work at or about the Property that is allowed by Owner under <br />this Agreement; and (iii) Permittee's breach of this <br />Agreement, including the non-performance of its <br />responsibilities under Section 4 (Rules and Conditions for <br />FORM-Lmd-A.22(c).d. <br />R,,.We ROE 6.1119 <br />