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<br />"Claims "), which m.ay be imposed upon, incurred by or asseI1ed against any of the Landlord
<br />Indemnitees by any other party or p2fties, including, without limitation, a governmental entity,
<br />ari,sing out of or in connectiOn with the breach of the covenants in)his Paragraph Il(A) or any
<br />violation of any Environmental Laws during the Term. whether due to the act or omission of Tenant
<br />and/or its agents, employees, contractors, subtenants, assignees or invitees or the act or omission of
<br />any other person or entity, but limited solely to any such Claims that are based on a release or a
<br />violation that first occurs on or after the Commencement Date. This obligation by Tenant to
<br />indemnify, defend, and hold harmless the Landlord includes, without limitation, costs incurred by
<br />the Landlord lndemnitees for or in connection with any investigation and assessment of site
<br />condItions and any cleanup, remedial, monitoring, restoration, closure or other response action
<br />required by any federal. state, or local governmental agency or political subdivision, or any third
<br />party action, due to the presence of any Hazardous Substances in, on, beneath, at or about the
<br />Premises, or any portion thereof, including, without Jimitation, any sums paid in seu]ement of
<br />claims, penalties, attorneys' fees, court costs, consultant and laboratory fees, as a result of the acts
<br />or omissions of Tenant and/or its agents, employees, contractors, subtenants, assignees and invitees
<br />on or in connection with the Premises, or any portion thereof, or the acts or omissions of any other
<br />person or entity during the Tenn, but excluding that portion of any damages to the extent caused by
<br />Landlord lndemnitees. This indemnity shall survive the expiration or prior termination of Lhis uase.
<br />
<br />B. Landlord shall indemnify, defend and hold harmless Tenant, its officers,
<br />directors, employees, shareholders, affiliates, successors and assigns (the "Tenant lndemnitees")
<br />against any and all liabilities, damages, claims (including without limitation, third party claims of
<br />personal injury or real or personal proper1y damages), costs, losses, actions, causes of action, legal,
<br />accounting, consulting, engineering and other professional fees and costs, investigation, assessment,
<br />remediation and other response costs, and other costs and expenses whether at law, in equity, or of
<br />an administrative nature (including, without limitation, attorneys' fees and court costs whether
<br />incurred at any investigative, administrative, trial or appellate level), including, without limitation,
<br />liability under the Comprehensive Environmental Response Compensation and Liability Act, 42
<br />U.s.e. Section 960 I, et ~ or any of the other Environmental Laws, as currently written or as they
<br />may be amended (hereinafter collectIvely referred to as "Claims"), which may be imposed upon,
<br />incurred by or asserted against any of the Tenant lndemnitees by any other party or parties, including,
<br />without limitation, a governmental entity, arising out of or in connection with any violation of any
<br />EnvironmentaJ lAws during the Tenn, whether due to the act or omission of Landlord and/or its
<br />agents, employees, contractors, subtenants, assignees or invitees or the act or omission of any other
<br />person or entity that arise as a result of a release that first occurred prior to the COJTItT1encement Date
<br />of this Lease. This obligation by Landlord to indemnify, defend, and hold harmJess the Tenant
<br />includes, withoullimita!lon, costs incurred by the Tenant Indemnitees for or in connection with any
<br />investigation and assessment of site conditions and any cleanup, remedial, monitoring, restoration,
<br />closure or other response action required by any federal, state, or local governmental agency or
<br />political subdivision, or any third party action, due to the presence of any Hazardous Substances in,
<br />on, beneath, at or about Lhe Premises, or any portion thereof, including, withoul limitation, any sums
<br />paid in settlement of claims, penalties, attorneys' fees, court costs, consultant and laboratory fees,
<br />as a result of the acts or omissions of Landlord and/or its agents, employees, contractors, subtenants,
<br />
<br />MlA95 J0Il712~8. J
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