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10.1 Lessee shall indemnify and hold Lessor harmless from and against any and all
<br /> present and future claims, liabilities, damages, costs, expenses, fines, penalties
<br /> and fees of any nature (including without limitation reasonable attorney and
<br /> consultant fees) arising out of (a)the conduct, occupancy, operations or activities
<br /> on or about the Property of Lessee or its agents, designees, contractors, licensees,
<br /> employees or invitees; (b) any condition of the Property caused or permitted by
<br /> Lessee or its agents, designees, contractors, licensees, employees, or invitees; (c)
<br /> any breach or default in the performance of any covenant or agreement on the part
<br /> of Lessee to be performed pursuant to this Lease; or (d) any negligent act or
<br /> omission of Lessee or its agents, designees, contractors, licensees, employees or
<br /> invitees occurring during the Term or at any time during which Lessee is engaged
<br /> in any remediation or reclamation activity on or about the Property. This
<br /> indemnification shall, without limitation, extend to and encompass all claims,
<br /> demands, actions or other matters which arise under the common law or other
<br /> laws or regulations designed to protect the environment, public health or welfare
<br /> including, without limitation, the following laws (as amended): the Uranium Mill
<br /> Tailing Radiation Control Act of 1978 (42 U.S.C. § 7901, et seq.); the Clean
<br /> Water Act (33 U.S.C. § 1251, et seq.); the Clean Air (42 U.S.C. § 7401, et seq.);
<br /> the National Environmental Policy Act (42 U.S.C. § 4321, et seq.); the
<br /> Comprehensive Environmental Response, Compensation and Liability Act (42
<br /> U.S.C. § 9601, et seq.); the Resource Conservation and Recovery Act (42 U.S.C.
<br /> § 6901, et seq.); the Toxic Substance Control Act (16 U.S.C. § 2601, et seq.); the
<br /> Safe Drinking Water Act (42 U.S.C. § 300f, et seq.); the Occupational Safety and
<br /> Health Act (29 U.S.C. § 651, et seq.); and any state or local environmental
<br /> protection statutes, regulations or ordinances. Lessee shall, at the option of
<br /> Lessee, defend Lessor or reimburse Lessor as expenses are incurred for Lessor's
<br /> defense against any claims, demands, actions or other matters, whether brought or
<br /> asserted by federal, state or local governmental bodies or officials or by private
<br /> persons, which are asserted pursuant to or brought under such laws. As part of its
<br /> indemnification agreement, Lessee agrees to indemnify and hold harmless Lessor
<br /> from and against all costs, expenses, claims, damages, losses, fines, penalties and
<br /> governmental fees, including without limitation reasonable attorney fees, court
<br /> costs and expert witness fees incurred by or asserted against Lessee arising from
<br /> or in any way related to the risk,hazard or other exposure indemnified against.
<br /> 10.2 Lessor waives any claim for personal injury or damages to property suffered by
<br /> any employee, agent or representative of Lessor as a result of entry onto the
<br /> Property, unless caused by the negligent or intentional act or omission of either
<br /> Lessee or any person or entity under Lessee's authority or control or entering the
<br /> Property under the express or implied invitation of Lessee. Subject to the same
<br /> limitations stated in the preceding sentence, Lessor will indemnify and hold
<br /> Lessee harmless from and against (a) any claims of personal injury or property
<br /> damage incurred by Lessee brought by any person entering the Property under the
<br /> authority granted to or reserved by Lessor in this Lease and (b) environmental
<br /> claims to the same extent and in the same manner as Lessee is required to
<br /> indemnify Lessor under subsection 10.1.
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