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DocuSign Envelope ID: 2F824D49-F88D-4ED1-B861-25C6564470E2
<br />EXECUTION COPY
<br />(b) The indemnification contained in this Section shall survive the termination
<br />of the Lease until the expiration of the applicable statute of limitations for such claim or cause of
<br />action. This indemnification shall not extend to any claim, demand, fine, penalty, cause of action,
<br />liability, damage, loss, cost or expense related to the presence of Hazardous Substances that are
<br />documented in the Environmental Baseline.In addition, and not in limitation of the foregoing,
<br />LESSEE agrees to and shall indemnify, defend, and hold LESSOR harmless from and against any
<br />and all claims, demands, suits, losses, damages, assessments, fines, penalties, costs or other
<br />expenses (including attorneys' fees expert witness fees and court costs) arising from or in any way
<br />related to, damage to the environment, costs of investigation charged by Environmental Agencies,
<br />personal injury, or damage to property, due to a release of Hazardous Substances on, under, above,
<br />or about the Leased Premises or in the surface or groundwater located on or under the Leased
<br />Premises, or gaseous emissions (excluding methane, radon and other naturally occurring gases)
<br />from the Leased Premises or any other condition existing on the Leased Premises resulting from
<br />Hazardous Substances where any of the foregoing occurred during the Lease Term as a result of
<br />Hazardous Substances brought onto the Leased Premises by any person whomsoever authorized by
<br />LESSEE, other than LESSOR, its agents, servants, employees, contractors or licensees acting during the
<br />course and scope of their employment.
<br />(c) LESSEE further agrees that its indemnification obligations shall include,
<br />but are not limited to, liability for damages resulting from the personal injury or death of any
<br />employee or volunteer of LESSEE, regardless of whether LESSEE has paid the employee under
<br />the Workers' Compensation Laws of the State of Florida, or other similar federal or state
<br />legislation for the protection of employees.
<br />(d) The terms "property damage" as used in this Article includes, but is not
<br />limited to, damage to the property of the LESSEE, LESSOR and of any third parties caused by or
<br />resulting from LESSEE's breach of any of the covenants in this Article and shall include remedial
<br />activities performed by an Environmental Agency or by LESSEE pursuant to directives from an
<br />Environmental Agency.
<br />(e) LESSEE shall further indemnify, defend, and hold LESSOR harmless from
<br />and against any and all liability, including, but not limited to, all damages directly arising out of
<br />the use, generation, storage or disposal of Hazardous Substances in, on, under, above or about the
<br />Leased Premises during the Lease Term, including, without limitation, the cost of any required or
<br />necessary inspection required by law, audit, clean up required by law, or detoxification or
<br />remediation required by law and the preparation of any closure or other required plans, consent
<br />orders, license applications, or the like, whether such action is required by law or not, to the full
<br />extent that such action is attributable to the use, generation, storage or disposal of Hazardous
<br />Substances in, on, under, above or about the Leased Premises during the Lease Term, and all fines
<br />and penalties associated with any of the foregoing.
<br />(f) LESSEE agrees that the foregoing obligations to indemnify, defend, and
<br />hold LESSOR harmless extends to and includes all reasonable attorneys' fees, experts' fees and
<br />costs incurred in the defense of any of the foregoing claims or demands as well as indemnifying
<br />LESSOR for any and all reasonable attorneys' fees, experts' fees and costs incurred by LESSOR
<br />in LESSOR's enforcement of the provisions of this Article respecting Hazardous Substances. The
<br />indemnification provided in this Lease shall survive the termination of this Lease, but shall end,
<br />with respect to any claim or cause of action, with the expiration of any applicable statute of
<br />limitation for such claim or cause of action.
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