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<br />at no cost to Tenant and will not compromise either access to or the structural
<br />integrity or interfere with the utility of Tenant ’s building.
<br />10. Defense and Indemnification.
<br />(a) General . Tenant agrees to defend, indemnify and hold harmless Landlord and
<br />its elected officials, officers, employees, agents, and representatives, from and against
<br />any and all claims, costs, losses, expenses, demands, actions, or causes of action,
<br />including reasonable attorneys ’ fees and other costs and expenses of litigation, which
<br />may be asserted against or incurred by Landlord or for which Landlord may be liable
<br />in the performance of this Lease, except those which arise from the negligence, willful
<br />misconduct, or other fault of Landlord. Tenant shall defend all claims arising out of
<br />the installation, operation, use, maintenance, repair, removal, or presence of Tenant ’s
<br />Antenna Facilities, equipment and related facilities on the Leased Premises.
<br />(b) Hazardous Materials. Tenant agrees that it will not use, generate, store or
<br />dispose of any hazardous material on, under, about or within the Property in violation
<br />of any law or regulation. Without limiting the scope of Subparagraph 10(a) above.
<br />Tenant will be solely responsible for and will defend, indemnify, and hold Landlord,
<br />its agents, and employees harmless from and against any and all claims, costs, and
<br />liabilities, including attorney ’s fees and costs, arising out of or in connection with the
<br />cleanup or restoration of the Premises and Property resulting from Tenant ’s use of
<br />Hazardous Materials. For purposes of the Lease, "Hazardous Materials" shall be
<br />interpreted broadly and specifically includes, without limitation, asbestos, fuel,
<br />batteries or any hazardous substance, waste, or materials as defined in any federal,
<br />state, or local environmental or safety law or regulations including, but not limited to,
<br />CERCLA.
<br />(c) Tenant ’s Warranty . Tenant represents and warrants that its use of the Property
<br />and Premises will not generate and Tenant will not store or dispose of on the Property
<br />or Premises, nor transport to or over the Property or Premises, any Hazardous
<br />Materials, unless Tenant specifically informs Landlord thereof in writing twenty-four
<br />hours prior to such storage, disposal or transport, or otherwise as soon as Tenant
<br />becomes aware of the existence of Hazardous Materials on the Property or Premises.
<br />The obligations of this Paragraph 10 shall survive the expiration or other termination
<br />of this Lease.
<br />(d) Landlords Warranty Landlord wairants that it has no knowledge of any
<br />hazardous materials which arc stored or disposed of on the property inconsistently
<br />with any state or federal law as of the date of this lease.
<br />11. Insurance.
<br />082/2214S474 11/14/97
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