(i) Any and all claims of personal injury or property damage which may be asserted
<br />against the Lessor by any other party arising out of Tenant's operations on Lessor's
<br />Property, except to the extent caused by Lessor's negligence.
<br />(ii) Any and all loss, cost, penalty, fine, damage, injury, liability, or expense from
<br />hazardous materials owned, manufactured, generated, used, controlled, handled,
<br />stored, transported, released, or disposed of by Tenant or its employees, agents, or
<br />contractors in, on, at, under, or adjacent to the Leased Premises.
<br />(iii) The imposition of any mechanic's or material man's Lein upon the Leased Premises
<br />or the Lessor's Property as a result of Tenant's operations on the Leased Premises.
<br />(iv) Any and all loss, cost, penalty, fine, damage, injury, liability, or expense resulting or
<br />arising from the failure of Tenant or its employees, agents, or contractors to comply
<br />with any applicable law or regulation including without limitation environmental
<br />laws or the Permits.
<br />b. By Lessor. Lessor shall defend, indemnify and hold harmless Tenant from and against
<br />any and all claims, demands, judgments, and liability by or to any and all third parties
<br />resulting from the negligent acts or omissions of Lessor or Lessor's agents,
<br />representatives, officers, employees, lessees and contractors in, on or about the Leased
<br />Premises_
<br />c. Scope of Indemnifications. The indertmification obligations set forth in the foregoing
<br />paragraphs of this Section shall include the full amount of all judgments and reasonable
<br />expenses, costs, and fees of every kind and nature incurred by the indemnified party
<br />arising out of any indemnified claims, and costs of suit to defend such claims or enforce
<br />this indemnity (including, without limitation, reasonable attorneys fees and litigation and
<br />other legal costs, accounting, consulting, engineering fees and other expenses). The
<br />indemnities set forth herein shall survive the termination or expiration of this Lease. The
<br />indemnity provisions set forth in this Lease shall apply to amounts paid in setflement of a
<br />claim by an indemnified by an indemnified party only if such settlement is approved by
<br />the indemnifying party, which approval shall not be unreasonably withheld.
<br />18. Taxes. During the term of this Lease, Tenant shall pay when due all taxes assessed on
<br />Tenant's operations on the Leased Premises and all personal property taxes assessed against
<br />machinery, tools, equipment, supplies, buildings, improvements, pipelines, stockpiles of
<br />materials, and other property and/or fixtures placed by Tenant on the Leased Premises.
<br />Lessor shall pay all real property taxes on the Lessor's Property and on any improvements
<br />thereon, including without limitation, improvements that Lessor installs on Lessor's Property
<br />for Lessor's own purposes. Any sales and use taxes arising from Tenant's operations are to
<br />be borne (or collected) by Tenant. In the event that any local, state or federal authority shall
<br />impose any tax, surchazge or financial obligation upon either Lessor or Tenant wherein the
<br />basis for such tax, surchazge or fmancial obligation upon either Lessor or Tenant shall be
<br />severance, removal or processing of Sand and Gravel, the Tenant agrees that during the term
<br />of this Lease the Tenant shall pay all such obligations, taxes or surchazges, or reimburse the
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