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<br />commencing'1he Event, Contractor shall provide to Kmart evidence of such insurance (such as the
<br />declaration page)~
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<br />7. Condition.
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<br />The License is granted to Contractor without representation or warranty whatsoever, express or
<br />implied, . and is subject and subordinate to Kmart's lease of the Kmart Premises, all easements,
<br />restrictions and other agreements, and all applicable governmental ordinances, statutes, restrictions,
<br />roles and regulations now or hereafter in effect. BY EXECUTION OF THIS AGREEMENT,
<br />CONTRACTOR ACKNOWLEDGES AND AGREES: (a) THAT IT HAS INSPECTED THE
<br />PROMOTIONAL AREA; (b) TO ACCEPT THE PROMOTIONAL AREA WHEN
<br />DELIVERED IN ITS THEN "AS IS" AND "WHERE IS" PHYSICAL AND
<br />ENVIRONMENTAL CONDITION; (c) TO RELEASE AND DISCHARGE KlvlART FROM
<br />ANY CLAIM, DEMAND, LIABILITY, ACTION, PENALTY OR SUIT RELATED TO OR
<br />ARISING FROM THE PHYSICAL OR ENVIRONMENTAL CONDITION OF THE
<br />PROMOTIONAL AREA OR THE KMART PREMISES; AND (d) THAT NEITHER KMART
<br />NOR ITS AGENTS OR EMPLOYEES HAS MADE ANY WARRANTY OR
<br />REPRESENTATION, EXPRESS OR IMPLIED, REGARDING THE PHYSICAL OR
<br />ENVIRONMENTAL CONDITION OF THE PROMOTIONAL AREA OR THE KMART
<br />PREMISES OR THE FITNESS OF THE PROMOTIONAL AREA FOR ANY PARTICULAR
<br />USE OR PURPOSE, AND TO THE MAXIMUM EXTENT PERJ\USSIBLE UNDER
<br />APPLICABLE LAW, SUCH REPRESENTATIONS AND WARRANTIES BEING
<br />DISCLAIMED, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY
<br />CONTRACTOR.
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<br />8. Risk of Loss.
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<br />Contractor has the sole responsibility for its property and the Indemnified Parties shall not be liable
<br />to Contractor for any' theft, loss or other damage whatsoever to Contractor's property on the Kmart
<br />Premises, regardless of the cause. Contractor agrees that under no circumstance shall the
<br />Indemnified Parties be liable to Contractor for incidental, consequential, punitive or exemplary
<br />damages or any other costs, losses, damages, expenses, claims, suits, actions, penalties, liabilities or
<br />demands arising in connection with the License or this Agreement or the performance, omission of
<br />performance or termination or reyocation hereof, including, without limitation, lost sales and profits
<br />and other business interruption damages, even if the Indemnified Parties have been advised of the
<br />possibility of such damages and without regard to the nature of the claim or the underlying 6eory or
<br />cause of action (whether in contract, tort or otherwise).
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<br />9. Cha~e in Location.
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<br />Contractor understands and agrees that Kmart may require during the Term, upon prior oral or
<br />written notice, that Contractor relocate the Event and the Promotional Area elsewhere on the
<br />Kmart Premises, in Kmart's discretion, and promptly move its items, equipment and other property
<br />to such relocated Promotional Area. The foregoing notwithstanding, if Contractor does not consent
<br />to such relocation, this Agreement and the License herein granted shall terminate and be revoked at
<br />Kmart's election.
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