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indemnify under this Section, Lessee shall indemnify Landowner against all
<br />expenses incurred by Landowner as they become due and not waiting for the
<br />Ultimate outcome of the litigation or administrative proceeding. Lessee's
<br />obligations to indemnify and hold Landowner harmless hereunder shall survive the
<br />expiration or termination of this Agreement.
<br />7.2. The indemnification referred to above shall specifically cover Losses incurred in
<br />connection with the investigation or monitoring of site conditions, any cleanup,
<br />containment, remedial, removal, or restoration work required by applicable law
<br />and performed by any federal or state governmental agency or political
<br />subdivision, or performed by any nongovernmental entity or person because of the
<br />presence or suspected presence or release or threatened or suspected release of any
<br />Hazardous Materials in or into the air, soil, groundwater, or surface water at, on,
<br />under, or above the Leased Premises, and Losses arising from any claims of third
<br />parties for loss or damage due to such presence or release of Hazardous Materials,
<br />resulting or arising from Lessee's acts or omissions.
<br />7.3. if any investigation, testing, or monitoring of site conditions or any cleanup,
<br />containment, restoration, removal, or other remedial work (collectively the
<br />"Remedial Work") is required under any applicable law or regulation, by any
<br />judicial order, or by any governmental entity, or is required to comply with any
<br />agreements of Lessee affecting the Leased Premises, then Lessee is obligated to
<br />indemnify Landlord, and Lessee shall either perform or cause to be performed the
<br />Remedial Work in compliance with such law, regulation, order, agreement, or
<br />recommendation, or shall promptly reimburse Landlord for the necessary cost of
<br />such Remedial Work. All costs and expenses of such Remedial Work shall be paid
<br />either directly, or in the form of reimbursement to Landlord, by Lessee including,
<br />without limitation, the charges of the contractor(s) and/or the consulting engineer,
<br />and Landlord's reasonable attorney and paralegal fees and costs incurred in
<br />connection with monitoring or reviewing such Remedial Work. If Lessee shall fail
<br />to timely commence, or cause to be commenced, or fail to diligently prosecute to
<br />completion, such Remedial Work, Landlord may cause such Remedial Work to be
<br />performed, and all costs and expenses thereof, or incurred in connection there*ith,
<br />shall be Losses within the meaning of 7.1 above.
<br />7.4. Payment of Losses. Each Loss determined to be payable by Lessee under the
<br />terms hereof shall be paid to Landlord within thirty (30) days after the date on
<br />which Lessee is notified in writing of such amount. Each such notice shall contain
<br />an itemization of the damages, expense, costs, and liabilities comprising the Loss,
<br />certified to be true and correct by Landlord or its legal representative.
<br />7.5. Hold Harmless. Neither Landlord, nor their officers, agents, or employees shall be
<br />liable for any loss, damage, death, or injury of any kind whatsoever to the person or
<br />property of Lessee, any sub lessees, or any other person whomsoever which may be
<br />caused by Lessee's use of the Leased Premises or by any defect in any structure
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