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'34~K21.$,1 P'A GEZ$ <br />Materials to be introduced to or handled on Grantor's property <br />hereunder. Grantee shall indemnify and hold harmless Grantor, its <br />affiliated corporations, employees, successors and assigns, from <br />and against any damages, losses, claims or causes or action <br />including, without limitation, costs, expenses, attorney and <br />consultant fees, whether asserted under Environmental Laws or at <br />common law, arising out of or related to any release of Hazardous <br />Material by Grantee, its employees, agents, assigns, invitee or <br />contractors and which arise out of the rights granted herein or any <br />breach by Grantee of the environmental covenants set forth above; <br />any violation by Grantee of any Environmental Law; or the presence, <br />release or threatened release of any Hazardous Material at, on or <br />beneath Grantor's property caused by Grantee, its employees, agents <br />invitee or contractors. As used in this section, the term <br />Environmental Laws shall mean all federal, state and local laws or <br />regulations relating to the protection of health, safety or the <br />environment including, without limitation, the Clean Air Act, the <br />Federal Water Pollution Control Act, the Resource Conservation and <br />Recovery Act, the Comprehensive Environmental Response, <br />Compensation and Liability Act, the Toxic Substances Control Act, <br />and all similar state and local laws now or hereinafter enacted or <br />amended. Hazardous Materials shall mean any waste, pollutant, <br />toxic substance or hazardous substance regulated by any <br />Environmental Law including, without limitation, petroleum or <br />petroleum-based substances or wastes, asbestos and polychlorinated <br />biphenyls. <br />-5- <br />