|
i
<br /> 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 f
<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 ! i
<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 /> determines an emergency exists or if necessary to protect the health and safety of other lessees of 1 I,
<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 f,
<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. 1
<br /> 11. Liability and Indemnification.
<br /> {
<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 t
<br /> for any damage, injury, loss,compensation, claim or expense, including claims based on, arising t
<br /> out of, or resulting from any cause whatsoever pertaining to the Leased Premises (including the
<br /> intentional misconduct or criminal acts of third artier , except to the extent such damage,injury, of
<br /> P ) P g
<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. l
<br /> I
<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 i
<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 s
<br /> l
<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 I
<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 under this Lease, but excluding any costs, damages, claims, liabilities, i
<br /> and expenses to the extent that the same are proximately caused by the gross negligence or x
<br /> willful misconduct of Lessor. F
<br /> Cf ,
<br /> i
<br /> i
<br /> I
<br />
|