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202400937 <br />LLC as set forth in this Section. However, if Lorraine does not sell the subject real estate within <br />the aforesaid time, then the subject real estate shall again become subject to all the provisions of <br />this Agreement. <br />8. Indemnification and Hold Harmless. Lanny and the LLC agree to indemnify and <br />hold Lorraine harmless from any an all claims, liability, loss, damage or expenses, including <br />court costs and reasonable attorney fees, resulting from Lanny and the LLC's occupation and use <br />of the subject real estate and improvements, specifically including, without limitation, any claim, <br />liability, loss or damage arising: <br />(a) By reason of the injury/death to persons or damage to personal <br />property of others from whatever cause, including any liability for injury/death to <br />the persons or damage to the personal property of Lanny and the LLC, their <br />agents or employees, other than negligence or misconduct by Lorraine, or her <br />employees or agents, while in or on the subject real estate or improvements or in <br />any way connected with the personal property utilized in or on the subject real <br />estate or improvements by Lanny and the LLC, their employees or agents; <br />(b) By reason of any work performed on the subject real estate or <br />improvements or materials furnished for the subject real estate or improvements <br />at the instance or request of Lanny and the LLC, their agents or employees, other <br />than due to the negligence or misconduct by the Lorraine, her employees or <br />agents, or unless the work performed upon or materials furnished to the subject <br />real estate were brought about by the direction or request of Lorraine; <br />(c) By reason of Lanny and the LLC's failure to perform any <br />provision of this Severance Agreement or to comply with any requirements <br />imposed on it or on the subject real estate or improvements as a result of its use of <br />the same by any duly authorized governmental agency or political subdivision; <br />(d) By reason of any nuisance, health and safety or environmental <br />claim brought by a duly authorized governmental entity or third party as a result <br />of Lanny and the LLC's use of the subject real estate or improvements or the <br />removal of the improvements from the subject real estate in accordance with this <br />Severance Agreement; or <br />(e) Because of Lanny and the LLC's failure or inability to pay, as they <br />become due, any obligations incurred by it in the operations to be conducted by <br />him on and in the subject real estate or improvements. <br />9 Additional Improvements. This Severance Agreement shall apply to any and all <br />additional improvements constructed on the subject real estate by Lanny and the LLC, with the <br />consent of Lorraine, during the term of this Severance Agreement. <br />10. Grant of Easement. Lorraine hereby grants to Lanny and the LLC a perpetual <br />easement for ingress and egress over, through and upon the subject real estate as reasonably <br />5 <br />