Common use of Tenant’s Indemnification Clause in Contracts

Tenant’s Indemnification. Tenant shall indemnify, defend and hold harmless Landlord, its employees and agents, any persons holding a security interest in the Premises or any other portion of the Park, and the respective successors and assigns of each of them, for, from, against and regarding any and all claims, demands, liabilities, damages, fines, losses (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall include, without limitation, (A) reasonable costs incurred in connection with investigation of site conditions, (B) reasonable costs of any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision with respect to Hazardous Substances, (C) diminution in value of the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion of the Park or any part thereof. Tenant’s obligations under this Paragraph 6.6.5 shall survive the expiration or termination of this Lease for any reason.

Tenant’s Indemnification. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless Landlord, its employees and agents, any persons holding a security interest in the Premises or any other portion of the Park, and the respective successors and assigns of each of them, for, from, against and regarding from any and all an claims, demands, liabilitiesjudgments, damages, penalties, fines, costs, liabilities or losses (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall includeincluding, without limitation, (Adiminution in value of the Property, damages for the loss or restriction on use of _________________________ * Said financial statements shall not be required to be dated more recently than the calendar quarter prior to Landlord's request, but shall not be dated later than a year prior to said request. Landlord shall keep Tenant's financial statements confidential and shall not disclose Tenant's financial statements to third parties without Tenant's written consent, which consent shall not be unreasonably withheld. Landlord may disclose Tenant's financial statements to those individuals within Landlord's organization and financial institutions involved with the Demised Premises, who examine Tenant's credit worthiness. rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) reasonable which arise during or after the Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditionsconditions or any clean-up, (B) reasonable costs of any cleanup, remedialremedial work, removal or restoration work required by any federalFederal, state State or local governmental government agency because of Hazardous Materials present in the soil or political subdivision with respect to Hazardous Substancesground water on or under the Property. Without limiting the foregoing, (C) diminution in value of if the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value presence of any loss of Hazardous Materials on the use of the Premises Property (or any other portion property) caused or permitted by Tenant results in any contamination of the Park or Property, Tenant shall promptly take all actions at Tenant's sole expense as are necessary to return the Property to the condition existing prior to the introduction of any part thereofsuch Hazardous Materials, provided that Landlord's approval of such actions is first obtained. Tenant’s obligations under this Paragraph 6.6.5 The foregoing indemnity shall survive the expiration or termination of this Lease for any reasonLease.

Tenant’s Indemnification. Tenant shall indemnify, defend and hold harmless Landlord, its employees and officers, directors, shareholders, members, affiliates, partners, agents, any persons holding a security interest in the Premises or any other portion of the Parkemployees, and the respective subsidiaries, successors and assigns (all of each which shall be deemed included in the term “Landlord” for purposes of them, for, from, this Article 12) from and against and regarding any and all liabilities, obligations, penalties, fees, claims, litigation, demands, liabilitiesdefenses, damagesjudgments, finessuits, losses (including without limitation diminution in value and loss of use)proceedings, costs (including without limitation the cost actions, costs, disbursements or expenses of any investigation, remedial, removal kind or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall includenature whatsoever (including, without limitation, (Areasonable attorneys’ and expert fees and disbursements) reasonable costs incurred in connection with investigation loss of site conditionslife, (B) reasonable costs personal injury and/or damage to or destruction of property arising from or out of any cleanupoccurrence in, remedialupon or at the Leased Premises, removal or restoration work required the occupancy or use by Tenant of the Leased Premises, the Building or Common Areas, or any parts thereof, or the conduct of Tenant’s business or profession at the Leased Premises or from any breach or default in performance of any obligation on Tenant’s part to be performed under this Lease, or occasioned wholly or in part by any federalact or omission of Tenant, state its agents, contractors, employees, servants, subtenants, concessionaires, or local governmental agency or political subdivision with respect to Hazardous Substances, (C) diminution in value of the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion of the Park or any part thereofinvitees. Tenant’s obligations indemnification shall not extend to (i) claims waived by Landlord under Section 11.5 above and (ii) any liabilities, obligations, penalties, fees, claims, actions, costs, disbursements or expenses of any kind arising from the violation of this Paragraph 6.6.5 Lease by Landlord, negligence or willful misconduct of Landlord, its employees, agents and contractors. In case Landlord shall be made a party to any such litigation commenced by or against Tenant, then Tenant shall protect, defend (with counsel chosen by Tenant’s insurer and reasonably acceptable to Landlord) and hold Landlord harmless and pay all reasonable costs and attorneys’ fees incurred by Landlord in connection with such litigation, and any appeals thereof. The provisions of this Section 12.1 shall survive the expiration or earlier termination of this Lease for any reasonthe Lease.

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend defend, protect and hold harmless Landlord, its employees and agents, any persons holding a security interest in the Premises or any other portion of the Park, Landlord and the respective successors Landlord Parties harmless from and assigns of each of themagainst, for, from, against and regarding any and all claims, demands, liabilities, damages, finesjudgments, losses (including suits, causes of action, losses, liabilities and expenses, including, without limitation diminution in value and loss of use)limitation, costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred court costs (collectively, “Indemnified Claims”), arising or resulting from (a) any occurrence in obtaining advice and incurred at and in preparation for discoverythe Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating except to the useextent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, treatmentcontractors or employees, storage(b) any intentional act, generationgross negligence, transportwillful misconduct or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, release, leak, spill, disposal or other handling the Building and the Property and conduct of Hazardous Substances on, under or about the Premises or the Park Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant Party; providedor any of Tenant’s Parties, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date in or brought onto about the Premises, the Building or Park elsewhere on the Property; and/or (d) any Event of Default by persons other than Tenant as to any obligations on Tenant’s part to be performed under the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu terms of any other rights or remedies to which Landlord may be entitled under this Lease or otherwisethe terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. The foregoing indemnification shall not include damage to adjoining sidewalks, streets or ways except to the extent caused by Tenant’s signage. In the event case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such claimIndemnified Claims, Tenant Tenant, upon notice from Landlord, shall resist or defend such action or proceeding the same at Tenant’s expense by counsel satisfactory to Landlord upon approved in writing by Landlord’s demand. The obligation to indemnify, defend and hold harmless which approval shall include, without limitation, (A) reasonable costs incurred in connection with investigation of site conditions, (B) reasonable costs of any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision with respect to Hazardous Substances, (C) diminution in value of the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion of the Park or any part thereofnot be unreasonably withheld. Tenant’s indemnification obligations under this Paragraph 6.6.5 Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease for Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any reasoninsurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Tenant’s Indemnification. Other than the use or storage of oil and gas and other possible hazardous materials used in the day to day operations of a Harley-Davidson dealership, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If the presence of Hazardous Materials on the Premises caused or permitted by Tenant results in contamination of the Premises or any other property, or if contamination of the Premises or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend (with counsel reasonably approved by Landlord) and hold harmless Landlord, its employees members, its lenders, and their respective partners, officers, directors, employees, and agents, any persons holding a security interest in the Premises or any other portion of the Park, and the respective successors and assigns of each of them, for, from, against and regarding harmless from any and all claims, demands, liabilitiesjudgments, damages, penalties, fines, costs, liabilities or losses (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall includeincluding, without limitation, (Adiminution in value of the Premises, damages for the loss or restriction on use of rentable or unusable space or of any amenity or appurtenance of the Premises, damages arising from any adverse impact on marketing of building space or land area, sums paid in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) reasonable that arise during or after the Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditionsconditions or any clean-up, (B) reasonable costs of any cleanup, remedialremedial work, removal or restoration work required by any federalFederal, state State or local governmental government agency because of Hazardous Materials present in the soil or political subdivision with respect to ground water on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Substances, (C) diminution in value of Materials on the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion property) caused or permitted by Tenant results in any contamination of the Park or Premises, Tenant shall promptly take all actions at Tenant's sole expense as are necessary to return the Premises to the condition existing prior to the introduction of any part thereofsuch Hazardous Materials, provided that Landlord's approval of such actions is first obtained. Tenant hereby recognizes and agrees that Tenant’s 's indemnification obligations under this Paragraph 6.6.5 and remediation obligations hereunder shall survive also extend to any condition caused by the expiration or termination presence of this Lease for any reasonoil, gas and related possible hazardous materials used in connection with day to day operation of a Harley Davidson dealership.

Tenant’s Indemnification. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials on the property, caused or permitted by Tenant results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless Landlord, its employees and agents, any persons holding a security interest in the Premises or any other portion of the Park, and the respective successors and assigns of each of them, for, from, against and regarding from any and all claims, demands, liabilitiesjudgments, damages, penalties, fines, costs, liabilities or losses (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall includeincluding, without limitation, (Adiminution in value of the Property, damages for the loss or restriction on use of rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in settlement of claims, reasonable attorneys' fees, court costs, consultant fees and expert fees) reasonable which arise during or after the Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditionsconditions or any clean-up, (B) reasonable costs of any cleanup, remedialremedial work, removal or restoration work required by any federalFederal, state State or local governmental government agency because of Hazardous Materials present in the soil or political subdivision with respect to Hazardous Substancesground water on or under the Property. Without limiting the foregoing, (C) diminution in value of if the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value presence of any loss of Hazardous Materials on the use of the Premises Property (or any other portion property) caused or permitted by Tenant results in any contamination of the Park or Property, Tenant shall promptly take all actions at Tenant's sole expense as are necessary to return the Property to the condition existing prior to the introduction of any part thereofsuch Hazardous Materials, provided that Landlord's approval of such actions is first obtained. Tenant’s obligations under this Paragraph 6.6.5 The foregoing indemnity shall survive the expiration or termination of this Lease for any reasonLease.

Tenant’s Indemnification. Tenant shall not cause or permit any hazardous material to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Material on the Property caused or permitted by Tenant results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless Landlord, its employees and agents, any persons holding a security interest in the Premises or any other portion of the Park, and the respective successors and assigns of each of them, for, from, against and regarding from any and all claims, demands, liabilitiesjudgments, damages, penalties, fines, costs, liabilities or losses (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall includeincluding, without limitation, (Adiminution in value of the Property, damages for the loss or restriction on use of rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, and sums paid in settlement of claims, attorneys fees, consultant fees and expert fees) reasonable which arise during or after the Lease Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions, (B) reasonable costs of conditions or any cleanup, remedialremedial work, removal or restoration work required by any federal, state or local governmental government agency or political subdivision with respect to because of Hazardous SubstancesMaterial present in the soil or ground water on or under the Property. Without limiting the foregoing, (C) diminution in value of if the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value presence of any loss of Hazardous Material on the use of the Premises Property or any other portion property caused or permitted by Tenant results in any contamination of the Park or Property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Property to the condition existing prior to the introduction of any part thereofsuch Hazardous Material to the Property, provided that Landlord's approval of such actions shall first be obtained. Tenant’s obligations under this Paragraph 6.6.5 The foregoing indemnity shall survive the expiration or earlier termination of this Lease for any reasonLease.

Tenant’s Indemnification. Tenant shall not cause or permit any hazardous material to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Material on the Property caused or permitted by Tenant results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless Landlord, its employees and agents, any persons holding a security interest in the Premises or any other portion of the Park, and the respective successors and assigns of each of them, for, from, against and regarding from any and all claims, demands, liabilitiesjudgments, damages, penalties, fines, costs, liabilities or losses (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall includeincluding, without limitation, (Adiminution in value of the Property, damages for the loss or restriction on use of rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) reasonable which arise during or after the Lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditionsconditions or any clean-up, (B) reasonable costs of any cleanup, remedialremedial work, removal or restoration work required by any federal, state or local governmental government agency or political subdivision with respect to because of Hazardous SubstancesMaterial present in the soil or ground water on or under the Property. Without limiting the foregoing, (C) diminution in value of if the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value presence of any loss of Hazardous Material on the use of the Premises Property or any other portion property caused or permitted by Tenant results in any contamination of the Park or Property, Tenant shall promptly take all actions at its sole expense as are necessary to return the Property to the condition existing prior to the introduction of any part thereofsuch Hazardous Material to the Property, provided that Landlord's approval of such actions shall first be obtained. Tenant’s obligations under this Paragraph 6.6.5 The foregoing indemnity shall survive the expiration or earlier termination of this Lease for any reasonLease.

Tenant’s Indemnification. In addition to, and not in derogation of any other indemnification contained in the Lease, Tenant shall agrees to indemnify, defend and hold harmless Landlord, its employees successors and assigns, and its and their trustees, beneficiaries, directors, officers, shareholders, employees, agents, any persons holding a security interest in the Premises or any other portion of the Parkand partners from all costs, and the respective successors and assigns of each of themexpenses, for, from, against and regarding any and all claims, demandsdamages, liabilities, damagesclaims, fines, penalties, interest, judgments, and losses (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) kind arising out of from or in any way relating related to Tenant's or Tenant's Representatives' Handling of Hazardous Materials during the Term of this Lease or failure to comply in full with this Paragraph 5.2 (collectively, "Environmental Losses"), including consequential damages, damages for personal or bodily injury, property damage, damage to natural resources occurring on or off the Premises, encumbrances, liens, costs and expenses of investigations, monitoring, clean up, removal or remediation of Hazardous Materials, defense costs of any claims (whether or not such claim is ultimately defeated), good faith settlements, attorneys' and consultants' fees and costs, and losses attributable to the usediminution of value, treatmentloss or use or adverse effects on marketability or use of any portion of the Premises, storagewhether or not such Environmental Losses are contingent or otherwise, generationmatured or unmatured, transportforeseeable or unforeseeable. If Landlord is ever made a party to any action or proceeding by reason of a matter for which Tenant is obligated to indemnify Landlord, releasethen Tenant upon notice from Landlord shall defend that action or proceeding on behalf of Landlord at Tenant's expense with counsel reasonably satisfactory to Landlord or, leakif Tenant's counsel would be placed in a position creating a conflict of interest between the interests of Landlord and Tenant, spillthen Landlord upon reasonable written notice to Tenant may elect to retain its own counsel to undertake such defense, disposal in which case Tenant shall reimburse Landlord for all defense costs Landlord actually incurs in defending against such action or other handling proceeding, whether or not the action or proceeding is ultimately defeated. This indemnity is intended by the parties to be as broad and comprehensive as possible under law and shall apply regardless of Hazardous Substances on, under the fault (including active or about the Premises or the Park by passive negligence) of either Tenant or any other Tenant Party; Landlord provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the PremisesTenant's indemnification, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend defense and hold harmless obligations shall include, without limitation, not apply to the extent attributable to Landlord's fault (A) reasonable costs incurred in connection with investigation of site conditions, (B) reasonable costs of any cleanup, remedial, removal including active or restoration work required by any federal, state or local governmental agency or political subdivision with respect to Hazardous Substances, (C) diminution in value of the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion of the Park or any part thereof. Tenant’s obligations under this Paragraph 6.6.5 shall survive the expiration or termination of this Lease for any reasonpassive negligence).

Tenant’s Indemnification. Tenant shall indemnifydefend, defend indemnify and hold harmless LandlordLandlord and its members, its employees and managers, employees, agents, any persons holding a security interest in the Premises or any other portion of the Parkaffiliates, officers, directors, and the respective successors lenders and assigns of each of them, for, from, against and regarding any and property managers harmless from all claims, demands, liabilities, damagescauses of action, fines, losses injunctions and liabilities (collectively “Claims”) and all reasonable expenses incurred in investigating and defending Claims (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation reasonable attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy lawfees) arising out (i) of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about occurrence within the Premises or the Park by Project or in connection with Tenant occupancy or any other Tenant Party; use thereof (provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto claims arising outside of the Premises, Building Tenant’s indemnity shall only apply if such claims arise out of the acts of Tenant, its employees, customers, invitees, contractors, agents, or Park by persons others under Tenant’s control), or (ii) any breach of Tenant’s representations, warranties, covenants or other than the Tenant Parties. Landlord’s rights obligations under this Paragraph 6.6.5 are in addition Lease, except to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of extent any such claimClaim arises out of the gross negligence or willful misconduct of Landlord or its employees or agents. Following notice from Landlord, Tenant shall resist or defend such action or proceeding all Claims covered by counsel satisfactory to Landlord upon Landlord▇▇▇▇▇▇’s demand. The obligation to indemnify, defend and hold harmless shall include, without limitation, (A) reasonable costs incurred in connection with investigation of site conditions, (B) reasonable costs of any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision with respect to Hazardous Substances, (C) diminution in value of the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion of the Park or any part thereofindemnity obligations at Tenant’s expense. Tenant’s obligations under this Paragraph 6.6.5 indemnity obligation shall survive the expiration or termination of this Lease as to any act or omission alleged to have occurred during the Term of this Lease. Tenant’s indemnity obligations under this Lease shall not be limited by any limitation on the amount or type of damages, compensation, or benefits payable to or for any reasonthird party under the Worker Compensation Acts, Disability Benefit Acts or other employee benefit acts. Tenant’s indemnity obligations shall be covered by Tenant’s liability insurance as provided in Section 11. This paragraph has been specifically and mutually negotiated between the parties.

Tenant’s Indemnification. Tenant shall does hereby agree to indemnify, defend and hold harmless Landlord, its employees and agentsany employee or agent of Landlord from all losses, any persons holding a security interest in the Premises or any other portion of the Park, and the respective successors and assigns of each of them, for, from, against and regarding any and all claims, demandsdamages, injuries, liabilities, damageslitigation and other expenses (including reasonable attorneys fees and other disbursements and costs) which may arise or be claimed against Landlord and be in favor of any persons or other entities for (i) any injuries or occupancy of the Premises by Tenant (ii) any acts, finesomissions, losses negligence or fault of Tenant, its agents, contractors, employees, licensees, visitors, customers, patrons or invitees (iii) Tenant's failure to comply with any laws, statues, ordinances, codes or regulations (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way laws relating to the use, treatmentstorage and/or disposal of chemicals), storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park (iv) any default by Tenant in the observance or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu performance of any other rights obligations set forth in the Lease. Landlord shall not be liable to Tenant for any damages, losses or remedies injuries to which the persons or property of Tenant, except to the extent attributable to conduct or actions of the Landlord may be entitled under this Lease or otherwiseits agents. In the event that Landlord shall be made a party to any action is brought litigation commenced against Landlord by reason Tenant or otherwise regarding Tenant's use or occupancy of any such claimthe Premises, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend protect and hold Landlord harmless and shall includepay all costs, without limitationexpenses and attorney's fees, (A) reasonable disbursements and costs incurred or paid by Landlord in connection with investigation such litigation and any appeal thereof. Tenant agrees that all personal property of site conditionsTenant and/or its employees, (B) reasonable costs servants, agents or licensees shall be the sole responsibility of Tenant and Landlord shall not be liable for theft or damage of or to any such personal property, except to the extent attributable to conduct or actions of the Landlord or its agents. Tenant shall not rely on Landlord nor hold Landlord responsible for the provision of security or maintenance of insurance of any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision with respect to Hazardous Substances, (C) diminution in value kind. The provisions of the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion of the Park or any part thereof. Tenant’s obligations under this Paragraph 6.6.5 shall survive the expiration or termination of this Lease for any reasonLease.

Tenant’s Indemnification. (A) Tenant shall indemnify, defend and hold harmless LandlordLandlord and its officers, its employees directors, employees, attorneys and agentsagents (collectively, any persons holding a security interest in the Premises or any other portion of the Park, "indemnitees") from and the respective successors and assigns of each of them, for, from, against and regarding any and all claims, demands, liabilitiescauses of action, damagesjudgments, finescosts and expenses, and all losses and damages (including without limitation diminution consequential and punitive damages) arising from Tenants use of the Premises or from the conduct of its business or from any activity, work, or other acts or things done, permitted or suffered by Tenant in value or about the Premises, and loss of use)shall further indemnity, costs (including without limitation defend and hold harmless the cost Indemnitees from and against any and all claims rising from any breach or default in the performance of any investigationobligation on Tenant's part to be performed under the terms of this Lease, remedialor rising from any act, removal omission or other response action required by Environmental Laws) negligence or willful or criminal misconduct of Tenant, or any officer, agent, employee, independent contractor, guest, or invitee thereof, and expenses (including without limitation attorneys’ from all costs, attorney's fees and expert fees disbursements, and liabilities incurred in obtaining advice and incurred at and in preparation for discoverythe defense of any such claim, including depositionsdemand, arbitrationcause of action or proceeding which may be brought against, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating related to the usethis Lease. Upon notice from Landlord, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of defend any such claim, Tenant shall resist or defend such demand, cause of action or proceeding suit at Tenant's expense by counsel satisfactory to Landlord in its sole discretion. As a material part of the consideration to Landlord for this Lease, Tenant hereby assumes all risk of damage so property or injury to persons in, upon Landlord’s demandor about the Premises from any cause, and Tenant hereby waives all claims with respect thereto against Landlord Tenant shall give immediate notice to Landlord in case of casualty or accidents in the Premises. The obligation to indemnify, defend and hold harmless shall include, without limitation, (A) reasonable costs incurred in connection with investigation provisions of site conditions, (B) reasonable costs of any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision with respect to Hazardous Substances, (C) diminution in value of the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion of the Park or any part thereof. Tenant’s obligations under this Paragraph 6.6.5 Section shall survive the expiration or sooner termination of this Lease Lease. (B) All personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at sole rise of Tenant. Landlord or its agents shall not be liable for any reasonloss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part or the Premises or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, except personal injury or other damages caused by or due to the gross negligence or willful misconduct of Landlord. Landlord or its agents shall not be liable for interference with the electrical service, ventilation, or for any latent defect in the Premises. (C) The parties hereto acknowledge that all or a part of the Premises may be used for the storage and shipment of goods not owned by Tenant, and Landlord is not willing to enter into this Lease unless Tenant indemnifies the Indemnitees to Landlord's satisfaction from any liability on the part of the Indemnitees to the owner(s) of such goods for damage to the same arising out of any acts or omissions of the Indemnitees. As a material inducement to Landlord to enter into this Lease, Tenant agrees to defend, indemnify and hold the Indemnitees harmless from and against any and all losses, claims, liabilities, obligations and damages imposed upon or incurred or asserted against the Indemnitees by reason of damage to goods of persons storing such goods wit Tenant, notwithstanding the fact that such losses, claims, liabilities, obligations or damages may have been caused by the acts or omissions of Landlord. Tenant agrees that at all times during which it shall store goods not owned by it in the Premises, it shall insure the indemnity described under this Section 4.03(C) if a manner reasonably satisfactory to Landlord. Landlord shall not be deemed a bailee, consignee, or warehouseman (or responsible for the standard of care incidental thereto) with respect to any goods stored or shipped to or from the Premises for consignment or bailment and Tenant shall insert a clause to that effect in all warehouse receipts or coassignment agreements for the storage or shipment of goods to or from the Premises.

Tenant’s Indemnification. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Property by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord except for Hazardous Materials (including, without limitation, acetone) that are part of the ordinary course of Tenant’s business (the “Permitted Activities”) provided such Permitted Activities comply with applicable laws and are documented in accordance with all laws applicable thereto; (ii) the Demised Premises will not be used in any manner for the storage of any Hazardous Materials except for the temporary storage of such materials that are used in the ordinary course of Tenant’s business (the “Permitted Materials”) provided that such Permitted Materials are properly stored in a manner and location meeting all laws applicable thereto with notice to and right to inspect by Landlord. If Tenant breaches the obligations stated in the preceding Section or sentence, or if the presence of Hazardous Materials on the Property caused by Tenant or any Tenant Party results in contamination of the Property or any other property, or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting there from, then Tenant shall indemnify, defend and hold Landlord harmless Landlord, its employees and agents, any persons holding a security interest in the Premises or any other portion of the Park, and the respective successors and assigns of each of them, for, from, against and regarding from any and all claims, demands, liabilitiesjudgments, damages, finespenalties, tines, costs, liabilities or losses (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall includeincluding, without limitation, (Adiminution in value of the Property, damages for the loss or restriction on use of rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid In settlement of claims, reasonable attorneys’ fees, court costs, consultant fees and expert fees) reasonable which arise during or after the Lease Term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditionsconditions or any clean-up, (B) reasonable costs of any cleanup, remedialremedial work, removal or restoration work required by any federalFederal, state State or local governmental government agency because of Hazardous Materials present in the soil or political subdivision with respect to Hazardous Substancesground water on or under the Property. Without limiting the foregoing, (C) diminution in value of if the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value presence of any loss of Hazardous Materials on the use of the Premises Property (or any other portion property) caused by Tenant or any Tenant Party results in any contamination of the Park or any part thereof. Property, Tenant shall promptly take all actions at Tenant’s obligations under this Paragraph 6.6.5 sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord’s approval of such actions is first obtained. The foregoing indemnity shall survive the expiration or termination of this Lease for any reasonLease.

Tenant’s Indemnification. Except to the extent caused by the gross negligence or willful misconduct of Landlord, Tenant shall hereby agrees to indemnify, defend defend, and hold harmless Landlord, its employees Landlord and agents, any persons holding a security interest the Landlord Group (as such term is defined in the Premises or any other portion of the Park, Basic Lease Information) from and against (and to reimburse Landlord and the respective successors and assigns of each of them, Landlord Group for, from, against and regarding ) any and all claims, demandsactions, suits, proceedings, losses, damages, obligations, liabilities, damagespenalties, fines, losses (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including including, without limitation limitation, attorneys’ fees fees, legal costs, and expert fees incurred in obtaining advice other costs and incurred at and in preparation for discoveryexpenses of defending against any claims, including depositionsactions, arbitrationsuits, trialor proceedings) (collectively, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law“Claims”) arising out of from, in connection with, or in any way manner relating to (or alleged to arise from, to be in connection with, or to be in any manner related to): (i) the use, treatment, storage, generation, transport, release, leak, spill, disposal use or other handling occupancy of Hazardous Substances on, under the Tenant Space or about any portion of the Premises Building or the Park Property by Tenant or any person claiming by, through or under Tenant or any other Tenant PartyParty (not arising from the gross negligence or willful misconduct of Landlord or its employees, agents, contractors or invitees), or (ii) the negligence or willful omissions of Tenant or any Tenant Parties with respect to the Tenant Space, the Building or the Property; provided, however, that Tenant Tenant’s indemnification, defense and hold harmless obligations under this Section shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park not extend to Claims covered by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are indemnity of Tenant in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwiseSection 14.2.2, below. In the event that any action or proceeding is brought against Landlord or any member of the Landlord Group by reason of any such claimClaim, Tenant Tenant, upon timely notice from Landlord, shall resist or defend such action or proceeding at Tenant’s cost and expense by counsel satisfactory to Landlord upon reasonably approved by Landlord’s demand. The obligation to indemnify, defend and hold harmless shall include, without limitation, (A) reasonable costs incurred in connection with investigation of site conditions, (B) reasonable costs of any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision with respect to Hazardous Substances, (C) diminution in value of the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion of the Park or any part thereof. Tenant’s obligations under this Paragraph 6.6.5 Section 14.2 shall survive the expiration or termination of this Lease for as to any reasonmatters arising prior to such expiration or termination or prior to Tenant’s vacation of the Tenant Space and the Building. Notwithstanding any provision to the contrary contained in this Section 14.2, nothing contained in this Section 14.2 shall be interpreted or used in any way to affect, limit, reduce or abrogate any insurance coverage provided by any insurer to either Tenant or Landlord. This indemnity provision shall survive the termination or expiration of this Lease.

Tenant’s Indemnification. Except for materials that are customarily used in connection with the Permitted Use and then only in compliance with all Environmental Laws, Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept, or used in or about the Property by Tenant, or Tenant’s agents, employees, contractors, or invitees without the prior written consent of Landlord. Tenant shall notify Landlord immediately of the presence of or disposal of Hazardous Materials on or near the Premises, and of any notice by a party alleging the presence of a Hazardous Materials on or near the Premises. If the presence of Hazardous Materials on the Property caused or permitted by Tenant results in contamination of the Property or any other property in accordance with applicable Environmental Laws (as defined below), or if contamination of the Property or any other property by Hazardous Materials otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless Landlord, its employees and agents, any persons holding a security interest in the Premises or any other portion of the Park, and the respective successors and assigns of each of them, for, from, against and regarding from any and all claims, demands, liabilitiesjudgments, damages, penalties, fines, costs, liabilities or losses (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto the Premises, Building or Park by persons other than the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu of any other rights or remedies to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claim, Tenant shall resist or defend such action or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall includeincluding, without limitation, (Adiminution in value of the Property, damages for the loss of restriction on use of rentable or unusable space or of any amenity or appurtenance of the Property, damages arising from any adverse impact on marketing of building space or land area, sums paid in set in settlement of claims, reasonable attorneys’ fees, court costs, consultant fees and expert fees) reasonable that arise during or after the term as a result of the contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditionsconditions or any clean-up, (B) reasonable costs of any cleanupremedial work, remedial, removal remove or restoration work required by any federalFederal, state State or local governmental government agency because of Hazardous Materials present in the soil or political subdivision with respect to Hazardous Substances, ground water on or under the Property (C) diminution in value of the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion property) caused or permitted by Tenant results in any contamination of the Park or any part thereof. Property, Tenant shall promptly take all actions at Tenant’s obligations under this Paragraph 6.6.5 sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Materials, provided that Landlord’s approval of such actions is first obtained. In no event shall Tenant be liable to Landlord for any indirect, special, consequential, or punitive damages. This indemnity shall survive the expiration date or earlier termination of this Lease for and shall survive any reasontransfer of Landlord’s interest in the Property.

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend defend, protect and hold harmless Landlord, its employees and agents, any persons holding a security interest in the Premises or any other portion of the Park, Landlord and the respective successors Landlord Parties harmless from and assigns of each of themagainst, for, from, against and regarding any and all claims, demands, liabilities, damages, finesjudgments, losses (including suits, causes of action, losses, liabilities and expenses, including, without limitation diminution in value and loss of use)limitation, costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred court costs (collectively, “Landlord Indemnified Claims”), arising or resulting from (a) any occurrence in obtaining advice and incurred at and in preparation for discoverythe Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating except to the useextent caused by the negligence or willful misconduct of Landlord or Landlord’s agents, treatmentcontractors or employees, storage(b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, generation, transport, release, leak, spill, disposal or other handling and conduct of Hazardous Substances on, under or about the Premises or the Park Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant Partyor any of Tenant’s Parties, in or about the Premises; providedand/or (d) any Default by Tenant as to any obligations on Tenant’s part to be performed under the terms of this Lease or any default by Tenant under the terms of any other contract or agreement to which Tenant is a party or by which it is bound, howeveraffecting this Lease or the Premises. The foregoing indemnification shall include, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date but not be limited to, any injury to, or brought onto death of, any person, or any loss of, or damage to, any property on the Premises, Building or Park by persons other than on adjoining sidewalks, streets or ways, or connected with the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to and not in lieu of any other rights such injury, death, loss or remedies to which Landlord may be entitled under this Lease or otherwisedamage. In the event case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such claimLandlord Indemnified Claims, Tenant Tenant, upon notice from Landlord, shall resist or defend such action or proceeding the same at Tenant’s expense by counsel satisfactory to Landlord upon approved in writing by Landlord’s demand. The obligation to indemnify, defend and hold harmless which approval shall include, without limitation, (A) reasonable costs incurred in connection with investigation of site conditions, (B) reasonable costs of any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision with respect to Hazardous Substances, (C) diminution in value of the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion of the Park or any part thereofnot be unreasonably withheld. Tenant’s indemnification obligations under this Paragraph 6.6.5 Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease for Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any reasoninsurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Tenant’s Indemnification. Tenant shall indemnify, defend and hold ------------------------- Landlord harmless Landlord, its employees and agents, any persons holding a security interest in the Premises or any other portion of the Park, and the respective successors and assigns of each of them, for, from, against and regarding any and from all claims, demandslosses, liabilities, damagescosts, fines, losses expenses and claims arising from (including without limitation diminution in value and loss a) Tenant's use of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating to the use, treatment, storage, generation, transport, release, leak, spill, disposal or other handling of Hazardous Substances on, under or about the Premises or the Park conduct of its business or any activity, work, or thing done, permitted or suffered by Tenant in or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto about the Premises, Building (b) any breach or Park by persons other than default in the Tenant Parties. Landlord’s rights under this Paragraph 6.6.5 are in addition to and not in lieu performance of any other rights obligation to be performed by Tenant under the terms of this Lease, (c) any act, neglect, fault or remedies to which Landlord may be entitled under this Lease omission of Tenant or otherwiseof its agents or employees, and (d) all costs, attorneys' fees, expenses and liabilities incurred in or about such claims or any action or proceeding brought thereon. In the event case any action is or proceeding shall be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall resist or defend such action or proceeding the same at Tenant's expense by counsel satisfactory approved in writing by Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of and waives all claims against Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall include, without limitation, (A) reasonable costs incurred in connection with investigation of site conditions, (B) reasonable costs of any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision with respect to Hazardous Substancesdamage to property or. injury to persons in, (C) diminution in value upon or about the Premises from any cause whatsoever except that which is caused by the failure of Landlord to observe any of the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant terms and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion of the Park or any part thereof. Tenant’s obligations under this Paragraph 6.6.5 shall survive the expiration or termination conditions of this Lease where such failure has persisted for any reasonan unreasonable period of time after written notice to Landlord of such failure. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TENANT ACKNOWLEDGES AND AGREES THAT IT SHALL BE SOLELY RESPONSIBLE FOR PROVIDING ADEQUATE SECURITY FOR ITS PREMISES, AND ITS USE OF THE BUILDING AND THE COMMON AREAS THEREOF. LANDLORD SHALL HAVE NO RESPONSIBILITY TO PREVENT, AND SHALL NOT BE LIABLE TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES, FOR LOSSES DUE TO THEFT, BURGLARY OR OTHER CRIMINAL ACTIVITY, OR FOR DAMAGES OR INJURIES TO PERSONS OR PROPERTY RESULTING FROM PERSONS GAINING ACCESS TO THE PREMISES OR THE BUILDING, AND TENANT HEREBY RELEASES LANDLORD AND ITS AGENTS AND EMPLOYEES FROM ALL LIABILITIES FOR SUCH LOSSES, DAMAGES OR INJURY, REGARDLESS OF THE CAUSE THEREOF. Notwithstanding the foregoing, Tenant shall not be required to indemnify or release Landlord for bodily injury to persons to the extent such injury is directly caused by or results from Landlord's gross negligence or willful misconduct.

Tenant’s Indemnification. Tenant shall indemnify, defend defend, and hold Landlord harmless Landlord, its employees from and agents, against: (i) any persons holding a security interest Remedial Work required under any Environmental Law or by any Governmental Agency in the Premises due to the activities of Tenant and/or its agents, independent contractors, representatives and/or employees or with respect to any other portion activities of Tenant and/or its agents, independent contractors, representatives and/or employees in the ParkProperty, (ii) any breach of this Paragraph 9 of this Lease; and the respective successors and assigns (iii) any claims of each of themthird parties for loss, forinjury, fromexpense, against and regarding any and all claims, demands, liabilities, damages, fines, losses (including without limitation diminution in value and loss of use), costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) damage arising out of or in any way relating to the use, treatment, storage, generation, transportpresence, release, leak, spill, disposal or other handling discharge of any Hazardous Substances Materials on, under under, in, above, to, or about the Premises or the Park by Tenant or any other Tenant Party; provided, however, that Tenant shall have no liability for Hazardous Substances pre-existing the Commencement Date or brought onto from the Premises, Building or Park by persons other than in the Property if due to the activities of Tenant. In the event any Remedial Work is so required under any applicable federal, state, or local law, rule, regulation or order due to the activities of Tenant Partiesand/or its agents, independent contractors, representatives and/or employees, Tenant shall promptly perform or cause to be performed such Remedial Work in compliance with such law, rule, regulation, or order. In the event Tenant shall fail to commence the Remedial Work in a timely fashion, or shall fail to prosecute diligently the Remedial Work to completion, such failure shall constitute an event of default on the part of Tenant under the terms of this Lease, and Landlord’s rights under this Paragraph 6.6.5 are , in addition to and not in lieu of any other rights or remedies afforded it hereunder, may, but shall not be obligated to, cause the Remedial Work to which Landlord may be entitled under this Lease or otherwise. In the event any action is brought against Landlord by reason of any such claimperformed, and Tenant shall resist or defend such action or proceeding by counsel satisfactory to promptly reimburse Landlord upon Landlord’s demand. The obligation to indemnifyfor any and all costs and expenses, defend and hold harmless shall include, without limitation, (A) reasonable costs incurred in connection with investigation of site conditions, (B) reasonable costs of any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision with respect to Hazardous Substances, (C) diminution in value of the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, including attorneys fees, consultant and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion of the Park or any part thereofrelated thereto upon demand. Tenant’s obligations under this Paragraph 6.6.5 This provision shall expressly survive the expiration or earlier termination of this Lease for the Lease. Landlord and Landlord's representatives are authorized to enter the Premises at any reasontime to inspect the Remedial Work. Tenant shall keep Landlord apprised of all efforts to perform the Remedial Work and shall provide Landlord with copies of all correspondence, reports, or other documents pertaining to the Remedial Work within 48 hours of Tenant's receipt of such documentation.

Tenant’s Indemnification. Tenant shall indemnify, defend indemnify and hold harmless LandlordLandlord and its directors, its employees and officers, employees, partners, members, managers, agents, any persons holding a security interest in the Premises or any other portion of the Parkconsultants, contractors, representatives, licensees, insureds, successors, assigns and the respective successors and assigns of each of them, for, from, against and regarding shareholders (“Landlord’s Indemnitees”) for any and all actions, claims, demandsor liabilities for bodily injuries, liabilitiesretention of liens, damagesregulatory actions, finesenforcement actions, losses (including without limitation diminution in value nuisance claims and loss of use)third-party property damage resulting from, costs (including without limitation the cost of any investigation, remedial, removal or other response action required by Environmental Laws) and expenses (including without limitation attorneys’ fees and expert fees incurred in obtaining advice and incurred at and in preparation for discovery, including depositions, arbitration, trial, appeal, petition for review, administrative proceeding and any litigation or other proceedings in bankruptcy court including those involving issues unique to bankruptcy law) arising out of or in any way relating connected with, the performance of or failure to the useperform of Tenant’s material obligations pursuant to this Lease, treatmentincluding, storagewithout limitation, generationany reasonable costs, transport, release, leak, spill, disposal expenses and attorneys’ fees that may be incurred by Landlord or other handling of Hazardous Substances on, under or about the Premises or the Park by Tenant or Landlord’s Indemnitees incident to any other Tenant Partysuch liability; provided, however, that Tenant shall not be required to indemnify and hold Landlord or Landlord’s Indemnitees harmless from any claims, demands, losses, damages, expenses and other liabilities due to the fault or negligence of Landlord or Landlord’s Indemnitees. If Landlord or any of Landlord’s Indemnitees intends to seek indemnification under this Section from Tenant with respect to any action or claim, Landlord or such Landlord’s Indemnitee(s) shall give Tenant written notice of such claim within ninety (90) Days of the commencement of, or actual knowledge by Landlord or such Landlord’s Indemnitee(s) of, such claim or action, and Tenant shall have no liability under this Section for Hazardous Substances pre-existing any claim or action for which such notice is not provided, unless failure to give notice does not substantially prejudice Tenant. Landlord or such Landlord’s Indemnitee(s) shall have the Commencement Date right, at its sole cost and expense, to participate in any such claim or brought onto action. Landlord or such Landlord’s Indemnitee(s) shall not compromise or settle any such claim or action without the prior written consent of Tenant. Tenant shall use reasonable efforts to prevent any liens from being filed against the Premises, Building or Park by persons other than the Entertainment Complex as a result of work performed by, at the request or on behalf of Tenant. Tenant Parties. Landlordshall indemnify and save harmless Landlord against all loss, liability, costs, attorney’s rights under this Paragraph 6.6.5 are in addition to and not in lieu fees, damages or interest charges as a result of any mechanic’s lien or any other rights lien caused to be filed against the Premises, the Entertainment Complex or remedies to which Landlord may be entitled under this Lease Tenant’s leasehold estate in the Premises as a result of acts or otherwise. In omissions of Tenant or its agents, contractors and employees, and Tenant shall, within thirty (30) Days of the event any action is brought against Landlord by reason filing of any such claimlien and written notice given to Tenant, Tenant shall resist remove, pay or defend such action cancel said lien or proceeding by counsel satisfactory to Landlord upon Landlord’s demand. The obligation to indemnify, defend and hold harmless shall include, without limitation, (A) reasonable costs incurred in connection with investigation of site conditions, (B) reasonable costs secure the payment of any cleanup, remedial, removal such lien or restoration work required liens by any federal, state bond or local governmental agency or political subdivision with respect other security reasonably acceptable to Hazardous Substances, (C) diminution in value of the Premises and/or any other portion of the Park, (D) [omitted], (E) reasonable sums paid in settlement of claims, attorneys fees, consultant and laboratory fees and expert fees, and (F) the value of any loss of the use of the Premises or any other portion of the Park or any part thereof. Tenant’s obligations under this Paragraph 6.6.5 shall survive the expiration or termination of this Lease for any reasonLandlord.