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9. Licensee will install and maintain, during the term of this License or any <br />extension thereof, the necessary barricades as may be required to prevent motorized vehicles <br />from entering the Premises except for maintenance, repair and use consistent with the trail, <br />provided, however, provisions will be made for the Licensor, its agents, officers, invitees or <br />employees to enter the Premises with motorized vehicles at any and all times. <br />10. Licensee may, at its sole cost, expense, risk and liability, use the herein described <br />Premises "AS IS" for the purposes hereinbefore stated, with no express or implied warranty or <br />representation by Licensor as to the safety, security or physical condition of the Premises, <br />including, without limitation, the presence of hazardous materials, substances, wastes or other <br />environmentally regulated substances, or other contaminants in the soil or improvements, <br />whether known or unknown, and other physical characteristics, and Licensee assumes all risk <br />with respect to the use and occupancy of the Premises. <br />11. Nothing in this License is to be interpreted or construed as preventing access to <br />the Premises by Licensor, its agents, officers, invitees or employees for any purpose whatsoever. <br />12. Licensee will immediately repair any and all damages of any kind whatsoever <br />resulting from Licensee's use of the Premises or will pay Licensor immediately for any and all <br />damages to Licensor's facilities and access drives located or which may subsequently be located <br />on Licensor's Premises which proximately may result from Licensee's use of the Premises. <br />13. In the event of default by Licensee in observing the terms and conditions of this <br />License, Licensor shall have the right to terminate this License upon twenty (20) days written <br />notice to Licensee; however, if the default by Licensee is corrected with said 20-day period, <br />Licensor shall not have the right to.terminate this License for default. Such notice to terminate <br />shall not operate to release the Licensee from the indemnifying provisions contained herein. <br />-3- <br />.I:\LEGAL\DmcUA41348 (MV)\I.icense.Agrmt.Discover.doc