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agents, employees, contractors or invitees, without the prior written consent of <br /> Lessor. If Lessee breaches the obligations stated in the preceding sentence, or <br /> if the presence of Hazardous Material on the Leased Premises caused or <br /> permitted by Lessee results in contamination of the Leased Premises, or if <br /> contamination of the Leased Premises by Hazardous Material otherwise occurs <br /> for which Lessee is legally liable, then Lessee shall indemnify, defend and hold <br /> Lessor harmless from any and all claims,judgments, damages, penalties, fines, <br /> costs, liabilities or losses (including, without limitation, diminution in value of the <br /> Leased Premises, damages for the loss or restriction on use of the Leased <br /> Premises, damages arising from any adverse impact on future leasing of the <br /> Leased Premises, and sums paid in settlement of claims, attorney fees, <br /> consultant fees and expert fees) which arise during or after the lease term as a <br /> result of such contamination. This indemnification of Lessor by Lessee includes, <br /> without limitation, costs incurred in connection with any investigation of site <br /> conditions or any cleanup, remedial, removal, or restoration work required by <br /> any federal, state, or local governmental agency or political subdivision because <br /> of Hazardous Material present in the soil or ground water on or under the Leased <br /> Premises. Without limiting the foregoing, if the presence of any Hazardous <br /> Material on the Leased Premises caused or permitted by Lessee results in any <br /> contamination of the Leased Premises, Lessee shall promptly take all actions at <br /> Lessee's sole expense as are necessary to return the Leased Premises to the <br /> condition existing prior to the introduction of any such Hazardous Material to the <br /> Leased Premises; provided that Lessor's approval of such actions shall first be <br /> obtained. As used herein, the term "Hazardous Material" means any hazardous <br /> or toxic substance, material or waste which is or becomes regulated by any local <br /> governmental authority, the State of Colorado or the United States Government. <br /> The term "Hazardous Material" includes, without limitation, any material or <br /> substance that is (i) defined or designated as a "hazardous substance", <br /> "hazardous waste" or a "regulated substance" under appropriate state or federal <br /> law; (ii) petroleum; or(iii) asbestos. <br /> 34. ARCHAEOLOGY: Lessee may not excavate, appropriate or disturb any <br /> historical, prehistorical or archaeological site or resource on any lands <br /> administered by Lessor. Discovery or indication of such a site or resource shall <br /> be immediately brought to the attention of Lessor and the State Archaeologist <br /> and Lessee shall provide evidence that no significant archaeological sites exist <br /> on the Leased Premises which could be destroyed by Lessee's operations. <br /> 35. DEEAULI ANO fQRFErTURE: If Lessee fails to keep each and every one of the <br /> covenants and conditions herein, and if such default continues for a period of 30 <br /> days after service of written notice thereof by certified mail upon Lessee, Lessor <br /> shall have the right to declare this Lease forfeited, and to enter onto the Leased <br /> Premises either with or without process of law, and to expel, remove and put out <br /> Page 15 of 20 <br />