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Nct le~sc agmement
<br />Revised 05/02/01
<br />occupancy, or control of the leased property or any of its appurtenances by Tenant.
<br />Landlord shall indemnify Tenant from and against any liability or losses including
<br />reasonable attorney's fees incun'ed by Tenant in defending or satisfying any claim of any
<br />type or nature, arising out of the act or omission of Landlord, its agents and employees.
<br />This indemnity also includes Tenant's obligation to indemnify Landlord 5'otn any claims,
<br />losses, damages, liabilities, charges, attorney fees or other charges associated with the
<br />non-recourse financing used to acquire the property being leased to Tenant.
<br />`Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and
<br />against any and all claims, losses, damages, liabilities, fines, penalties, charges,
<br />administrative and judicial proceedings and orders, judgments, remedial action
<br />requirements, enforcement actions of any kind and all costs and expenses incurred in
<br />connection therewith (including but not limited to attorney's fees and expenses), arising
<br />directly or indirectly from any releases or discharges at the Leased Premises of any
<br />hazardous Materials as defined in Section 6 hereof), in connection with the handling,
<br />treatment, removal, storage, decontamination, cleanup, transport or disposal of Hazardous
<br />Materials at the Leased Premises by Tenant or any employees, agents, contractors or
<br />subconu'aclors of Tenant or other persons occupying or present on the Leased Premises
<br />(except Landlord, its agents, contractors and employees) during the term of this Lease.
<br />The foregoing indemnity shall include any residual contamination on a• under the Leased
<br />Premises or affecting any natw'al resources and to any contamination of any of the Leased
<br />Premises and/or natural resources arising in connection with the generation, use,
<br />handling, storage, transport or disposal of any such Hazardous Materials by or on behalf
<br />of `Tenant and in'espec[ive of whether any of such activities were or will be undertaken in
<br />accordance with applicable laws, regulations, codes and ordinances.
<br />73. Binding Effect. This Lease shall bind and extend to the heirs, representatives,
<br />successors, and assigns of the parties hereto.
<br />IN WITNESS WHEREOT, the parties have executed this Lease Agreement on the date
<br />set forth opposite their respective signatures.
<br />LANllLORD: TENANT:
<br />Highland Properties 3801 LLC Western Equipment & Truck, Inc.
<br />PPS P U~~ /~- By. ..
<br />•MpNO,NG ,• "arol Cro aufr~ n Craig rrow, sident
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