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<br />ready-mixed concrete and asphalt, cleaning supplies and agents and other
<br />maintenance materials that are or contain Hazardous Materials maybe used, handled
<br />or stored on the Demised Premises, provided such admixtures, cleaning supplies and
<br />agents and maintenance materials are stored in limited amounts only and aze
<br />incidental to and reasonably necessary for the operation and maintenance of the
<br />Demised Premises for the use permitted under the Lease and aze at all times in
<br />compliance with all Environmental Laws (as defined below), and except for diesel
<br />fuel stored in a tank and related equipment and engine oils provided the storage and
<br />use of such fuel and oils aze at all times incompliance with all Environmental Laws.
<br />Tenant shall comply with all federal, state and local laws, rules, regulations,
<br />statutes and ordinances with respect to such use and storage, including, without
<br />limitation, the removal and disposal of such Hazardous Materials and/or Regulated
<br />Materials at the expiration or eazlier termination of the term of the Lease.
<br />Tenant shall defend (by counsel reasonably acceptable to Landlord),
<br />indemnify and hold harmless Landlord and each of Landlord's officers, directors,
<br />stockholders, partners, members, employees, agents, attorneys, successors and
<br />assigns, from and against any and all claims, liabilities, penalties, forfeitures, fines,
<br />losses or expenses (including reasonable attorney's fees), for or in connection with
<br />death of or injury to any person or damage to any property whatsoever, arising from
<br />or caused in whole or in part, directly or indirectly by (i) the presence in, on, under or
<br />about the Demised Premises, or dischazge in or from the Demised Premises of any
<br />Hazardous Materials and/or Regulated Materials introduced into the Demised
<br />Premises by Tenant or caused by Tenant or Tenant's use, analysis, storage, removal,
<br />transportation, disposal, release, threatened release, dischazge or generation of
<br />Hazazdous Materials and/or Regulated Materials to, in, on, under, about or from the
<br />Demised Premises; or (ii) Tenant's failure to comply with any federal, state, county,
<br />municipal, local or other law, rule, ordinance and regulation now or hereafter in
<br />effect relating to the industrial hygiene, environmental protection, use, analysis,
<br />generation, manufacture, purchase, transportation, storage, removal and disposal of
<br />Hazazdous Materials and/or Regulated Materials ("Environmental Laws"). In
<br />connection with, or as a result of, (i) or (ii) in the preceding sentence, Tenant's
<br />obligations hereunder shall include, without limitation and whether foreseeable or
<br />unforeseeable, all costs of any required or necessary testing, repair, cleanup, removal,
<br />detoxification or decontamination of or from the Demised Premises and the
<br />preparation and implementation of any closure, remedial action, site assessment costs
<br />or other required plans in connection therewith. Tenant's obligations hereunder shall
<br />survive the expiration or eazlier termination of this Lease. For purposes of this
<br />Section 7.A., any acts or omissions ofTenant whereby employees, agents, assignees,
<br />contractors or subcontractors of Tenant or others are acting for or on behalfofTenant
<br />(whether or not they are negligent, intentional, willful or unlawful), will be strictly
<br />attributable to Tenant.
<br />Landlord shall defend (by counsel reasonably acceptable to Tenant),
<br />indemnify and hold harmless Tenant and each of Tenant's officers, directors,
<br />~ W077I980 UMPt
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