Common use of TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW Clause in Contracts

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LESSEE AGREES TO INDEMNIFY AND HOLD HARMLESS LESSOR, AND LESSOR’S REPRESENTATIVES, SUCCESSORS, AND ASSIGNS AGAINST ALL EXPENSES, CLAIMS, DEMANDS, LIABILITIES, AND CAUSES OF ACTION OF ANY NATURE FOR NUISANCE, FOR INJURY TO OR DEATH OF PERSONS AND FOR LOSS OR DAMAGE TO PROPERTY, OR ANY OF THEM, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES, EXPERT FEES, AND COURT COSTS, CAUSED BY OR RESULTING FROM LESSEE’S ACTIVITIES OR LESSEE’S MARKETING OF PRODUCTION FROM THE LAND OR ANY VIOLATION OF ANY ENVIRONMENTAL REQUIREMENTS BY LESSEE. AS USED IN THIS PARAGRAPH, THE TERM “LESSEE” INCLUDES LESSEE, ITS AGENTS, EMPLOYEES, SERVANTS, CONTRACTORS, AND ANY OTHER PERSON ACTING UNDER ITS DIRECTION AND CONTROL, AND ITS INDEPENDENT CONTRACTORS. LESSEE’S INDEMNITY OBLIGATIONS SURVIVE THE TERMINATION OF THIS LEASE. LESSEE SHALL PROMPTLY ADVISE LESSOR IN WRITING OF ANY ACTION, ADMINISTRATIVE OR LEGAL PROCEEDING OR INVESTIGATION TO WHICH THIS INDEMNIFICATION MAY APPLY, AND LESSEE, AT LESSOR’S REQUEST AND LESSEE’S EXPENSE, SHALL ASSUME ON BEHALF OF LESSOR (AND THE OTHER INDEMNITEES) AND CONDUCT WITH DUE DILIGENCE AND IN GOOD FAITH THE DEFENSES THEREOF WITH COUNSEL SATISFACTORY TO LESSOR; PROVIDED, HOWEVER, THAT ANY INDEMNITEE SHALL HAVE THE RIGHT, AT ITS OPTION, TO BE REPRESENTED THEREIN BY ADVISORY COUNSEL OF ITS OWN SELECTION AND AT ITS OWN EXPENSE. IN THE EVENT OF FAILURE BY LESSEE TO FULLY PERFORM IN ACCORDANCE WITH THIS PARAGRAPH 17, LESSOR AT ITS OPTION, AND WITHOUT RELIEVING LESSEE OF ITS OBLIGATIONS HEREUNDER, MAY SO PERFORM, BUT ALL COSTS AND EXPENSES SO INCURRED BY LESSOR IN THAT EVENT SHALL BE REIMBURSED BY LESSEE TO LESSOR, TOGETHER WITH INTEREST ON THE SAME FROM THE DATE ANY SUCH EXPENSE WAS PAID BY LESSOR UNTIL REIMBURSED BY LESSEE, AT THE RATE OF INTEREST PROVIDED TO BE PAID ON JUDGMENTS BY THE LAW OF THE JURISDICTION TO WHICH THE INTERPRETATION OF THIS AGREEMENT IS SUBJECT. THIS INDEMNITY IS INTENDED TO ALLOCATE RESPONSIBILITY BETWEEN LESSOR AND LESSEE, AMONG OTHER THINGS, AS CONTEMPLATED BY SECTION 107(E)(1) OF CERCLA AND ANY SUCCESSOR FEDERAL STATUTE, RULE OR REGULATIONS OR COMPARABLE STATE STATUTE, RULE OR REGULATION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LESSEE AGREES THE PROVIDER SHALL AND DOES AGREE TO INDEMNIFY INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS LESSORDISTRICT, ITS TRUSTEES, OFFICERS, DIRECTORS, OFFICIALS, PROVIDERS, VOLUNTEERS, EMPLOYEES, SUCCESSORS AND ASSIGNEES, THE ARCHITECTS, ENGINEERS, AND LESSOR’S REPRESENTATIVESTHE PROGRAM MANAGERS (COLLECTIVELY, SUCCESSORS"THE INDEMNIFIED PARTIES") OF, FROM AND ASSIGNS AGAINST ALL EXPENSES, CLAIMS, DEMANDSDAMAGES, LOSSES, LIABILITIES, AND LIENS, CAUSES OF ACTION OF ANY NATURE FOR NUISANCEACTION, FOR INJURY TO OR DEATH OF PERSONS SUITS, JUDGMENTS, PENALTIES, AND FOR LOSS OR DAMAGE TO PROPERTYEXPENSES, OR ANY OF THEM, INCLUDING, WITHOUT LIMITATION, INCLUDING ATTORNEY FEES, EXPERT FEES, FEES AND COURT COSTS, OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY, TO THE EXTENT DIRECTLY OR INDIRECTLY ARISING OUT OF, CAUSED BY BY, OR RESULTING FROM LESSEE’S ACTIVITIES ANY NEGLIGENT, WRONGFUL OR LESSEE’S MARKETING TORTIOUS ACT OR OMISSION OF PRODUCTION FROM THE LAND PROVIDER, ANY SUBCONTRACTOR, SUB- PROVIDER, ANYONE DIRECTLY OR ANY VIOLATION OF ANY ENVIRONMENTAL REQUIREMENTS INDIRECTLY EMPLOYED BY LESSEE. AS USED IN THIS PARAGRAPHTHEM OR ANYONE THAT THEY CONTROL OR EXERCISE CONTROL OVER (COLLECTIVELY, "THE TERM “LESSEE” INCLUDES LESSEE, ITS AGENTS, EMPLOYEES, SERVANTS, CONTRACTORS, AND ANY OTHER PERSON ACTING UNDER ITS DIRECTION AND CONTROL, AND ITS INDEPENDENT CONTRACTORS. LESSEE’S INDEMNITY OBLIGATIONS SURVIVE THE TERMINATION OF THIS LEASE. LESSEE SHALL PROMPTLY ADVISE LESSOR IN WRITING OF ANY ACTION, ADMINISTRATIVE OR LEGAL PROCEEDING OR INVESTIGATION TO WHICH THIS INDEMNIFICATION MAY APPLY, AND LESSEE, AT LESSOR’S REQUEST AND LESSEE’S EXPENSE, SHALL ASSUME ON BEHALF OF LESSOR (AND THE OTHER INDEMNITEES) AND CONDUCT WITH DUE DILIGENCE AND IN GOOD FAITH THE DEFENSES THEREOF WITH COUNSEL SATISFACTORY TO LESSOR; PROVIDED, HOWEVER, THAT ANY INDEMNITEE SHALL HAVE THE RIGHT, AT ITS OPTION, TO BE REPRESENTED THEREIN BY ADVISORY COUNSEL OF ITS OWN SELECTION AND AT ITS OWN EXPENSELIABILITIES"). IN THE EVENT OF OR FAILURE BY LESSEE THE PROVIDER TO FULLY PERFORM IN ACCORDANCE WITH THIS PARAGRAPH 17INDEMNIFICATION PARAGRAPH, LESSOR EACH OF THE INDEMNIFIED PARTIES MAY, AT ITS OPTION, AND WITHOUT RELIEVING LESSEE PROVIDER OF ITS OBLIGATIONS HEREUNDER, MAY SO PERFORM, BUT ALL COSTS AND EXPENSES SO INCURRED BY LESSOR ANY OF THE INDEMNIFIED PARTIES IN THAT EVENT SHALL BE REIMBURSED BY LESSEE PROVIDER TO LESSORTHE INDEMNIFIED PARTIES, TOGETHER WITH AND ANY COST AND EXPENSES SO INCURRED BY INDEMNIFIED PARTIES, OR ANY OF THEM SHALL BEAR INTEREST ON THE SAME FROM THE DATE ANY SUCH EXPENSE WAS PAID BY LESSOR UNTIL REIMBURSED BY LESSEEPROVIDER, AT THE RATE OF INTEREST PROVIDED TO BE PAID ON JUDGMENTS BY THE LAW JUDGMENT UNDER THE LAWS OF THE JURISDICTION TO WHICH THE INTERPRETATION STATE OF THIS AGREEMENT IS SUBJECTTEXAS. THIS INDEMNITY IS INTENDED INDEMNIFICATION PARAGRAPH SHALL NOT BE LIMITED TO ALLOCATE RESPONSIBILITY BETWEEN LESSOR DAMAGES COMPENSATION OR BENEFITS PAYABLE UNDER INSURANCE POLICIES, WORKER'S COMPENSATION ACTS, DISABILITY BENEFIT ACTS OR OTHER EMPLOYEE BENEFIT ACTS. PROVIDER SHALL PROTECT AND LESSEEINDEMNIFY THE DISTRICT FROM AND AGAINST ALL CLAIMS, AMONG DAMAGES, JUDGMENTS AND LOSS ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY UNITED STATES PATENT, OR COPYRIGHT, ARISING BY OR OUT OF ANY OF THE WORK PERFORMED HEREUNDER OR THE USE BY PROVIDER, OR BY DISTRICT AT THE DIRECTION OF PROVIDER, OF ANY ARTICLE OR MATERIAL, PROVIDED THAT UPON BECOMING AWARE OF A SUIT OR THREAT OF SUIT FOR PATENT OR COPYRIGHT INFRINGEMENT, DISTRICT SHALL PROMPTLY NOTIFY PROVIDER AND PROVIDER SHALL BE GIVEN FULL OPPORTUNITY TO NEGOTIATE A SETTLEMENT. PROVIDER DOES NOT WARRANT AGAINST INFRINGEMENT BY REASON OF DISTRICT'S OR ARCHITECT’S OR ENGINEER’S DESIGN OF ARTICLES OR THE USE THEREOF IN COMBINATION WITH OTHER THINGSMATERIALS OR IN THE OPERATION OF ANY PROCESS. IN THE EVENT OF LITIGATION, AS CONTEMPLATED DISTRICT AGREES TO COOPERATE REASONABLY WITH PROVIDER AND PARTIES SHALL BE ENTITLED, IN CONNECTION WITH ANY SUCH LITIGATION, TO BE REPRESENTED BY SECTION 107(E)(1) OF CERCLA AND ANY SUCCESSOR FEDERAL STATUTECOUNSEL AT THEIR OWN EXPENSE. It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of these indemnification obligations, RULE OR REGULATIONS OR COMPARABLE STATE STATUTEsuch legal limitations are made part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, RULE OR REGULATIONand so modified, the indemnification obligations shall continue in full force and effect. The indemnities contained herein shall survive the termination of this Agreement for any reason whatsoever.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LESSEE AGREES AND EXCEPT AS REQUIRED BY THE LOAN DOCUMENTS, EACH OBLIGOR WAIVES (A) THE RIGHT TO INDEMNIFY AND HOLD HARMLESS LESSOR, AND LESSOR’S REPRESENTATIVES, SUCCESSORS, AND ASSIGNS AGAINST ALL EXPENSES, CLAIMS, DEMANDS, LIABILITIES, AND CAUSES OF ACTION TRIAL BY JURY (WHICH LENDER HEREBY ALSO WAIVES) IN ANY PROCEEDING OR DISPUTE OF ANY NATURE FOR NUISANCEKIND RELATING IN ANY WAY HERETO; (B) PRESENTMENT, DEMAND, PROTEST, NOTICE OF PRESENTMENT, DEFAULT, NON-PAYMENT, MATURITY, RELEASE, COMPROMISE, SETTLEMENT, EXTENSION OR RENEWAL OF ANY COMMERCIAL PAPER, ACCOUNTS, DOCUMENTS, INSTRUMENTS, CHATTEL PAPER AND GUARANTIES AT ANY TIME HELD BY LENDER ON WHICH A BORROWER MAY IN ANY WAY BE LIABLE AND HEREBY RATIFIES ANYTHING LENDER MAY DO IN THIS REGARD; (C) NOTICE PRIOR TO TAKING POSSESSION OR CONTROL OF ANY COLLATERAL; (D) ANY BOND OR SECURITY THAT MIGHT BE REQUIRED BY A COURT PRIOR TO ALLOWING LENDER TO EXERCISE ANY RIGHTS OR REMEDIES; (E) THE BENEFIT OF ALL VALUATION, APPRAISEMENT AND EXEMPTION LAWS; (F) ANY CLAIM AGAINST LENDER ON ANY THEORY OF LIABILITY, FOR INJURY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (AS OPPOSED TO DIRECT OR DEATH OF PERSONS AND FOR LOSS OR DAMAGE ACTUAL DAMAGES) IN ANY WAY RELATING TO PROPERTY, OR ANY OF THEM, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES, EXPERT FEES, AND COURT COSTS, CAUSED BY OR RESULTING FROM LESSEE’S ACTIVITIES OR LESSEE’S MARKETING OF PRODUCTION FROM THE LAND OR ANY VIOLATION OF ANY ENVIRONMENTAL REQUIREMENTS BY LESSEE. AS USED IN THIS PARAGRAPH, THE TERM “LESSEE” INCLUDES LESSEE, ITS AGENTS, EMPLOYEES, SERVANTS, CONTRACTORS, AND ANY OTHER PERSON ACTING UNDER ITS DIRECTION AND CONTROL, AND ITS INDEPENDENT CONTRACTORS. LESSEE’S INDEMNITY OBLIGATIONS SURVIVE THE TERMINATION OF THIS LEASE. LESSEE SHALL PROMPTLY ADVISE LESSOR IN WRITING OF ANY ENFORCEMENT ACTION, ADMINISTRATIVE OBLIGATIONS, LOAN DOCUMENTS OR LEGAL PROCEEDING OR INVESTIGATION TO WHICH THIS INDEMNIFICATION MAY APPLY, TRANSACTIONS RELATING THERETO; AND LESSEE, AT LESSOR’S REQUEST AND LESSEE’S EXPENSE, SHALL ASSUME ON BEHALF OF LESSOR (AND THE OTHER INDEMNITEES) AND CONDUCT WITH DUE DILIGENCE AND IN GOOD FAITH THE DEFENSES THEREOF WITH COUNSEL SATISFACTORY TO LESSOR; PROVIDED, HOWEVER, THAT ANY INDEMNITEE SHALL HAVE THE RIGHT, AT ITS OPTION, TO BE REPRESENTED THEREIN BY ADVISORY COUNSEL OF ITS OWN SELECTION AND AT ITS OWN EXPENSE. IN THE EVENT OF FAILURE BY LESSEE TO FULLY PERFORM IN ACCORDANCE WITH THIS PARAGRAPH 17, LESSOR AT ITS OPTION, AND WITHOUT RELIEVING LESSEE OF ITS OBLIGATIONS HEREUNDER, MAY SO PERFORM, BUT ALL COSTS AND EXPENSES SO INCURRED BY LESSOR IN THAT EVENT SHALL BE REIMBURSED BY LESSEE TO LESSOR, TOGETHER WITH INTEREST ON THE SAME FROM THE DATE ANY SUCH EXPENSE WAS PAID BY LESSOR UNTIL REIMBURSED BY LESSEE, AT THE RATE OF INTEREST PROVIDED TO BE PAID ON JUDGMENTS BY THE LAW OF THE JURISDICTION TO WHICH THE INTERPRETATION OF THIS AGREEMENT IS SUBJECT. THIS INDEMNITY IS INTENDED TO ALLOCATE RESPONSIBILITY BETWEEN LESSOR AND LESSEE, AMONG OTHER THINGS, AS CONTEMPLATED BY SECTION 107(E)(1) OF CERCLA AND ANY SUCCESSOR FEDERAL STATUTE, RULE OR REGULATIONS OR COMPARABLE STATE STATUTE, RULE OR REGULATION.G)

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LESSEE AGREES TO INDEMNIFY AND HOLD HARMLESS LESSOREXCEPT AS OTHERWISE SPECIFIED IN WRITING BY THE COMPANY, (A) THE WEBSITE AND LESSOR’S REPRESENTATIVES, SUCCESSORS, SERVICES ARE PROVIDED ON AN "AS IS" AND ASSIGNS AGAINST ALL EXPENSES, CLAIMS, DEMANDS, LIABILITIES, AND CAUSES OF ACTION "AS AVAILABLE" WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY NATURE FOR NUISANCE, FOR INJURY KIND AND WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OR REPRESENTATIONS AS TO OR DEATH OF PERSONS THE WEBSITE AND FOR LOSS OR DAMAGE TO PROPERTY, OR ANY OF THEMTHE SERVICES, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEESANY IMPLIED REPRESENTATIONS OR WARRANTIES, EXPERT FEESGUARANTIES, AND COURT COSTSCONDITIONS OF MERCHANTABILITY, CAUSED FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AVAILABILITY, TIMELINESS, QUALITY, STABILITY, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE SERVICES OR RESULTS OBTAINED BY USING THE WEBSITE AND THE SERVICES, AND QUALITY OF THE WEBSITE AND THE SERVICES, (II) WE DO NOT REPRESENT OR RESULTING FROM LESSEE’S ACTIVITIES WARRANT THAT THE WEBSITE AND THE SERVICES ARE RELIABLE, CURRENT OR LESSEE’S MARKETING ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE WEBSITE AND THE SERVICES WILL BE CORRECTED, AND (III) WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE AND SERVICES ARE FREE OF PRODUCTION FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND WE AND OUR AFFILIATES ASSUME NO LIABILITY. WITHOUT LIMITING THE LAND GENERALITY OF THE FOREGOING, THE COMPANY AND ITS AFFILIATES MAKES NO REPRESENTATIONS OR ANY VIOLATION WARRANTIES THAT USE OF THE WEBSITE OR THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED BY A REASON OF ANY ENVIRONMENTAL REQUIREMENTS DEFECT OF SOFTWARE OR BY LESSEE. AS USED IN THIS PARAGRAPH, THE TERM “LESSEE” INCLUDES LESSEE, ITS AGENTS, EMPLOYEES, SERVANTS, CONTRACTORS, AND ANY OTHER PERSON ACTING UNDER ITS DIRECTION AND CONTROL, AND ITS INDEPENDENT CONTRACTORS. LESSEE’S INDEMNITY OBLIGATIONS SURVIVE THE TERMINATION OF THIS LEASE. LESSEE SHALL PROMPTLY ADVISE LESSOR IN WRITING OF ANY ACTION, ADMINISTRATIVE OR LEGAL PROCEEDING OR INVESTIGATION TO WHICH THIS INDEMNIFICATION MAY APPLY, AND LESSEE, AT LESSOR’S REQUEST AND LESSEE’S EXPENSE, SHALL ASSUME ON BEHALF OF LESSOR (AND THE OTHER INDEMNITEES) AND CONDUCT WITH DUE DILIGENCE AND IN GOOD FAITH THE DEFENSES THEREOF WITH COUNSEL SATISFACTORY TO LESSOR; PROVIDED, HOWEVER, THAT ANY INDEMNITEE SHALL HAVE THE RIGHT, AT ITS OPTION, TO BE REPRESENTED THEREIN BY ADVISORY COUNSEL OF ITS OWN SELECTION AND AT ITS OWN EXPENSE. IN THE EVENT OF FAILURE BY LESSEE TO FULLY PERFORM IN ACCORDANCE WITH THIS PARAGRAPH 17, LESSOR AT ITS OPTION, AND WITHOUT RELIEVING LESSEE OF ITS OBLIGATIONS HEREUNDER, MAY SO PERFORM, BUT ALL COSTS AND EXPENSES SO INCURRED BY LESSOR IN THAT EVENT SHALL BE REIMBURSED BY LESSEE TO LESSOR, TOGETHER WITH INTEREST A REASON ON THE SAME FROM THE DATE ANY SUCH EXPENSE WAS PAID BY LESSOR UNTIL REIMBURSED BY LESSEE, AT THE RATE OF INTEREST PROVIDED TO BE PAID ON JUDGMENTS BY THE LAW PART OF THE JURISDICTION TO WHICH THE INTERPRETATION OF THIS AGREEMENT IS SUBJECT. THIS INDEMNITY IS INTENDED TO ALLOCATE RESPONSIBILITY BETWEEN LESSOR AND LESSEECOMPANY OR ITS AFFILIATES, AMONG OTHER THINGSERROR-FREE OR WILL BE AVAILABLE, ACCESSIBLE, FUNCTIONAL TWENTY FOUR HOURS A DAY OR WILL BE FUNCTIONAL AS CONTEMPLATED BY SECTION 107(E)(1) OF CERCLA AND ANY SUCCESSOR FEDERAL STATUTE, RULE OR REGULATIONS OR COMPARABLE STATE STATUTE, RULE OR REGULATIONIT DESIGNED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. LESSEE AGREES UNIFLUX DBA XXXXXXX ELECTRIC WILL NOT BE LIABLE FOR ANY BUSINESS INTERRUPTION OR LOSS OF PROFIT, REVENUE, MATERIALS, ANTICIPATED SAVINGS, DATA, CONTRACT, GOODWILL OR THE LIKE (WHETHER DIRECT OR INDIRECT IN NATURE) OR FOR ANY OTHER FORM OF INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES. UNIFLUX DBA XXXXXXX ELECTRIC’S MAXIMUM CUMULATIVE LIABILITY RELATIVE TO INDEMNIFY ALL OTHER CLAIMS AND HOLD HARMLESS LESSORLIABILITIES FOR WHICH IT IS FOUND RESPONSIBLE, WHETHER OR NOT INSURED, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY, WILL NOT EXCEED UNIFLUX DBA XXXXXXX ELECTRIC’S SELLING PRICE TO CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM OR LIABILITY. UNIFLUX DBA XXXXXXX ELECTRIC DISCLAIMS ALL LIABILITY FOR GRATUITOUS INFORMATION OR ASSISTANCE PROVIDED BY, BUT NOT CONTRACTUALLY REQUIRED OF UNIFLUX DBA XXXXXXX ELECTRIC. ANY ACTION AGAINST UNIFLUX DBA XXXXXXX ELECTRIC MUST BE BROUGHT WITHIN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY PROVISION BETWEEN UNIFLUX DBA XXXXXXX ELECTRIC AND CUSTOMER AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND LESSOR’S REPRESENTATIVESFURTHER WILL EXTEND TO THE BENEFIT OF UNIFLUX DBA XXXXXXX ELECTRIC EMPLOYEES, SUCCESSORSREPRESENTATIVES AND SUPPLIERS AS THIRD-PARTY BENEFICIARIES. EACH PROVISION THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR CONDITION, OR EXCLUSION OF DAMAGES IS SEVERABLE AND ASSIGNS AGAINST ALL EXPENSES, CLAIMS, DEMANDS, LIABILITIES, AND CAUSES OF ACTION INDEPENDENT OF ANY NATURE FOR NUISANCE, FOR INJURY TO OR DEATH OF PERSONS OTHER PROVISION AND FOR LOSS OR DAMAGE TO PROPERTY, OR ANY OF THEM, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES, EXPERT FEES, AND COURT COSTS, CAUSED BY OR RESULTING FROM LESSEE’S ACTIVITIES OR LESSEE’S MARKETING OF PRODUCTION FROM THE LAND OR ANY VIOLATION OF ANY ENVIRONMENTAL REQUIREMENTS BY LESSEE. AS USED IN THIS PARAGRAPH, THE TERM “LESSEE” INCLUDES LESSEE, ITS AGENTS, EMPLOYEES, SERVANTS, CONTRACTORS, AND ANY OTHER PERSON ACTING UNDER ITS DIRECTION AND CONTROL, AND ITS INDEPENDENT CONTRACTORS. LESSEE’S INDEMNITY OBLIGATIONS SURVIVE THE TERMINATION OF THIS LEASE. LESSEE SHALL PROMPTLY ADVISE LESSOR IN WRITING OF ANY ACTION, ADMINISTRATIVE OR LEGAL PROCEEDING OR INVESTIGATION TO WHICH THIS INDEMNIFICATION MAY APPLY, AND LESSEE, AT LESSOR’S REQUEST AND LESSEE’S EXPENSE, SHALL ASSUME ON BEHALF OF LESSOR (AND THE OTHER INDEMNITEES) AND CONDUCT WITH DUE DILIGENCE AND IN GOOD FAITH THE DEFENSES THEREOF WITH COUNSEL SATISFACTORY TO LESSOR; PROVIDED, HOWEVER, THAT ANY INDEMNITEE SHALL HAVE THE RIGHT, AT ITS OPTION, IS TO BE REPRESENTED THEREIN BY ADVISORY COUNSEL OF ITS OWN SELECTION AND AT ITS OWN EXPENSE. IN THE EVENT OF FAILURE BY LESSEE TO FULLY PERFORM IN ACCORDANCE WITH THIS PARAGRAPH 17, LESSOR AT ITS OPTION, AND WITHOUT RELIEVING LESSEE OF ITS OBLIGATIONS HEREUNDER, MAY SO PERFORM, BUT ALL COSTS AND EXPENSES SO INCURRED BY LESSOR IN THAT EVENT SHALL BE REIMBURSED BY LESSEE TO LESSOR, TOGETHER WITH INTEREST ON THE SAME FROM THE DATE ANY SUCH EXPENSE WAS PAID BY LESSOR UNTIL REIMBURSED BY LESSEE, AT THE RATE OF INTEREST PROVIDED TO BE PAID ON JUDGMENTS BY THE LAW OF THE JURISDICTION TO WHICH THE INTERPRETATION OF THIS AGREEMENT IS SUBJECT. THIS INDEMNITY IS INTENDED TO ALLOCATE RESPONSIBILITY BETWEEN LESSOR AND LESSEE, AMONG OTHER THINGS, ENFORCED AS CONTEMPLATED BY SECTION 107(E)(1) OF CERCLA AND ANY SUCCESSOR FEDERAL STATUTE, RULE OR REGULATIONS OR COMPARABLE STATE STATUTE, RULE OR REGULATIONSUCH.