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4..1 Reclamation Indemnity. Tenant shall indemnify and agrees to protect,
<br />defend and hold harmless, Landlord and all of Landlord's subsidiary and affiliated entities, and
<br />their successors and assigns, and the officers, directors, shareholders, partners, members,
<br />servants, employees, agents and contractors of any of them, from and against any and all claims,
<br />liens, actions, proceedings, judgments, liabilities, damages, costs, attorney fees and any and all
<br />expenses in connection with any reclamation of the Premises.
<br />5. Use of Premises; Compliance with Laws. Tenant shall use the Premises for the
<br />sole purpose of installing, operating and maintaining a sand and gravel conveyor system to
<br />convey sand and gravel from the Heinselman property to the Kurtz Pit and for no other purpose
<br />whatsoever. Tenant covenants and agrees to comply with all statutes, rules, orders, regulations
<br />or requirements of federal, State, county or city governments regulating Tenant's use of the
<br />Premises, including, but not limited to the terms and conditions of any applicable federal, State
<br />or local permits and agreements necessary for the installation, operation and maintenance of the
<br />conveyor system.
<br />5.1. Hazardous Materials. Tenant covenants and agrees not to utilize any
<br />"Hazardous Materials" on the Premises.
<br />5.1.1 "Hazardous Materials" means any substance that is at any
<br />pertinent time defined or listed in, or otherwise classified, designated, or regulated
<br />pursuant to, any "Environmental Laws" as a hazardous substance, hazardous material,
<br />extremely hazardous substance, hazardous waste, hazardous chemical, infectious waste,
<br />toxic substance, toxic pollutant or solid waste, or any other legislative or regulatory
<br />formulation intended to define, list, or classify substances by reason of deleterious
<br />properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity,
<br />reproductive toxicity, outcome of Toxicity Characteristic Leaching Procedure ( "TCLP "),
<br />or otherwise, including without limitation, friable asbestos and polychlorinated biphenyls
<br />and also including oil and petroleum, petroleum products, by- products and wastes, and
<br />by- products associated with the extraction, refining, or use of petroleum or petroleum
<br />products, whether or not so defined, listed, classified, designated or regulated in
<br />"Environmental. Laws."
<br />5.1.2 Definition of Environmental Laws. The term "Environmental
<br />Laws" means without limitation any statute, law, act, ordinance, rule, regulation, order,
<br />decree, or ruling of any Federal, State and/or local governmental, quasi - governmental,
<br />administrative or judicial body, agency, board, commission or other authority relating to
<br />the protection of health and/or the environment or otherwise regulating and/or restricting
<br />the use, storage, disposal, treatment, handling, release, and/or transportation of Hazardous
<br />Materials in effect on or prior to the effective date of this Lease relating to pollution or
<br />protection of human health or the environment (including ambient air, indoor air, surface
<br />water, ground water, land surface, or subsurface strata), including, without limitation, (i)
<br />the Comprehensive Environmental Response Compensation and Liability Act, as
<br />amended (42 U.S.C. § §9601 et seq. ( "CERCLA ")), (ii) the Resource Conservation and
<br />Recovery Act, as amended (42 U.S.C. § §6901 et seq. ( "RCRA ")), (iii) the Clean Air Act
<br />(42 U.S.C. §§ 7401 et seq.); (iv) the Clean Water Act (33 U.S.C. § §1251 et seq.), (v) the
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