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<br />provided, howe\er, Te:lant shziJ] promptly notify Landlord dt such time it becomes aware of the
<br />threatened release or release of Hazardous Substances at locations other tha~ the Premises jf such
<br />releases could reasonably contamInate the Premises with Hazardous Subst:mces, provided 111at the
<br />failure to provide or any delay in providing such notice shall not increase the obligations of Tenant
<br />hereunder unless the failure or delay actually causes prejudice to the Landlord and then only to the
<br />extent such delay causes the damages to exceed those which otherwise would have been incurred
<br />had prompt notice been given.
<br />
<br />12 lndemn ification.
<br />
<br />A. In addition to the indemnification in Paragraph I 1, Tenant shall indemnify
<br />and hold harmless and defend Landlord from any penalty or damages or charges imposed for any
<br />violation of any laws or ordinances which are the direct result of the breach of this Lease or the
<br />neglect, act or omission, of Tenant or those holding under Tenant during the Term of the Lease.
<br />Tenant shall also defend, indemnify and hold Landlord harmless from any and all claims, demands,
<br />judgments, damages, liabilities, costs, expenses a!ld losses, including, without limitation, attorneys'
<br />fees and court costs, arising from Ten::lnt's use of the Premises or use of the Premises by any pan)
<br />holding under Tenant, or from the conduct of Tenant's business, or from the conduct of the business
<br />of any palty holding under Tenant, or from any activity, work or things done, pemitted or suffered
<br />by Tenant or any party holding under Tenant in or about the Premises. Tenant further agrees to
<br />defend and indemnify and hold Landlord harmless from any and all claims, demands, judgments,
<br />damages, liabilities, costs, expenses and losses arislng from any breach or default on the part of
<br />T(;nan; in the performance of any covenant or agreement on the part of Tenant to be perfonned
<br />pursu:lrlt to the terms of this Lease, or arising from any negligence, act or omission, of Tenant, or any
<br />of its agents, subtenants, invllees, successors, contractors, servants, employees, or licensees, and
<br />from and against all costs, attorneys' fees, expenses and liabjlities incurred in connection with any
<br />such claim or loss or action or proceeding brought thereon. If any action or proceeding is brought
<br />against Landlord by reason of any such matters, Tenant agrees to defend such action or proceeding
<br />at Tenant's sole expense by counsel reasonably satisfactory to Landlord. If Landlord receives
<br />insurance proceeds with respect to any claim or loss for which it is insured pursuant to the terms of
<br />this Lease, Tenant shaH'reduce its payment to Landlord pursuant to this Paragraph to the extent of
<br />such proceeds. Tenant's obligations to indemnify Landlord hereunder shall not include any loss for
<br />which Landlord fails to provide insurance it is hereunder obligated to provide and for which if such
<br />insurance were maintained Landlord would have received proceeds. The provisions of this
<br />Paragraph 12 shaJI survive the expiration or prior termination of this Lease with resQCct to any claims
<br />or liability relating to matters occurring after the Commencement Date and prior to such expiration
<br />or tennination.
<br />
<br />B. In addition to the indemnification in Paragraph I I, Landlord shall indemnify
<br />and hold harmless and defend Tenant from any penalty or damages or charges imposed for any
<br />violation of any laws or ordinances which are the direct result of the breach of this Lease or the
<br />neglect, act or omission, of Landlord during the Tenn of the Lease. Landlord shall also defend,
<br />indemnify and hold Tenant harmless from any and all claims, demands, judgments, damages,
<br />
<br />~1lA9510/J712.g.1
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