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attorneys' fees, consultant, and expert fees) arising during or after the Term, and arising as a
<br />result of such use, generation, storage, disposal, contamination, release or discharge. This
<br />indemnification includes without limitation, any and all costs incurred because of any
<br />investigation of the site or any cleanup, removal, or restoration mandated by federal, state or
<br />local agency or political subdivision. Without limitation of the foregoing, if Lessee causes or
<br />permits the presence of any Hazardous Substance on the Premises or Leased Premises, and the
<br />same results in any contamination, release or discharge, Lessee shall promptly, at its sole
<br />expense, take any and all necessary actions to return the Leased Premises or the Premises to the
<br />conditions existing prior to the presence of any such Hazardous Substance on the Leased
<br />Premises or the Premises and in compliance with all applicable laws. Lessee shall first obtain
<br />Lessor's approval for any such remedial action and the approval of the contractors doing the
<br />work. Lessor shall have the right to do the work, at Lessee's sole cost and expense, if Lessor
<br />detennines an emergency exists or if necessary to protect the health and safety of other lessees of
<br />the Premises or Leased Premises. As used herein, "Hazardous Substance" means any and all
<br />material or substances that are defined as "hazardous waste", "hazardous materials", or a
<br />"hazardous substance" pursuant to federal, state or local governmental law and any substance
<br />that is toxic, ignitable, reactive, or corrosive. "Hazardous Substance" includes, but is not
<br />restricted to, asbestos, polychlorobiphenyls, and petroleum products.
<br />17. Liability and Indemnification.
<br />11.1 Lessor's Liability. Lessor shall not be. liable to Lessee, Lessee's agents, or
<br />Lessee's customers, clients, invitees, licensees, contractors, third party vendors, or employees
<br />for any damage, injury, loss, compensation, claim or expense, including claims based on, arising
<br />out of, or resulting from any cause whatsoever pertaining to the Leased Premises (including the
<br />intentional misconduct or criminal acts of third parties), except to the extent such damage, injury,
<br />loss, compensation, claim or expense is caused by Lessor's negligence or willful misconduct,
<br />and Lessee waives all claims against Lessor for any loss or damage against which Lessee is
<br />insured, or for which Lessee is required to maintain insurance under this Lease, nor shall Lessor
<br />be liable in any event for any interruption of or loss to Lessee's business, and Lessee waives all
<br />claims against Lessor based on loss of business or profits or other consequential damages or for
<br />punitive or special damages of any kind.
<br />11.2 Lessee's Indemnity, Lessee shall defend, indemnify, and hold Lessor, Lessor's
<br />agents, employees, officers, directors, officials and Lessor's interest in the Lease, the Premises
<br />and the Leased Premises harmless from and against all costs, damages, claims, liabilities and
<br />expenses (including, but not limited to, court costs and reasonable attorneys' fees) suffered by or
<br />claimed against Lessor, directly or indirectly, based on, arising out of or resulting from (i) the
<br />control, maintenance, management, occupancy, possession., repair, or use of the Premises or
<br />Leased Premises, or the business conducted by Lessee therein, (ii) the condition, repair, and/or
<br />maintenance of the Premises or Leased Premises, (iii) any injury to person or property or loss of
<br />life sustained in, on or about the Premises or Leased Premises, (iv) any negligent act or omission
<br />by Lessee or Lessee's agents, employees, officers, directors officials, licensees, invitees, or
<br />contractors, or (v) any breach or default by Lessee in the performance or observance of its
<br />covenants or obligations funder this Lease, but excluding any costs, damages, claims, liabilities,
<br />azid expenses to the extent that -the same are proximately caused by the gross negligence or
<br />willful misconduct of Lessor.
<br />538
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