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set forth in Minnesota Statutes, Section 466.04, less any amount the Lessor is required
<br /> to pay on behalf of itself, its officers, employees, and agents for claims arising out of the
<br /> same occurrence. Notwithstanding anything to the contrary in this Agreement, in no
<br /> event will either party be liable to the other party for, or indemnify the other party
<br /> against, punitive, indirect, incidental, special or consequential damages, including,
<br /> without limitation, loss of profits, income or business opportunities.
<br /> ARTICLE 4.
<br /> 4.01 Lessor Compliance. Lessor represents and warrants that, as of the date of
<br /> this Agreement, the Premises and the Property comply with all applicable laws,
<br /> statutes, ordinances, rules, codes, regulations, orders, and interpretations of all federal,
<br /> state, and other governmental or quasi-governmental authorities having jurisdiction over
<br /> the Property (collectively, "Laws"). At its sole cost and expense, Lessor will promptly
<br /> comply with all Laws, and will cause the Premises and the Property to comply with all
<br /> Laws, except to the extent that such compliance is required solely as a result of
<br /> Lessee's use or occupancy of the Premises. If any modifications are required to be
<br /> made to the Property after the date hereof as a result of any Laws, Lessee shall have
<br /> no liability for any costs therefore, whether as a pass-through of operating expenses or
<br /> otherwise.
<br /> 4.02 Lessee Compliance. Lessee will promptly comply with all Laws relating to
<br /> Lessee's use or occupancy of the Premises. At its sole cost and expense, Lessee will
<br /> promptly cause the Premises to comply with all Laws to the extent that such compliance
<br /> is required solely as a result of Lessee's use or occupancy of the Premises.
<br /> 4.03 Environmental Matters.
<br /> (a) Lessor represents and warrants that (i) the Property, as of the date of this
<br /> Agreement, is free of hazardous substances, including asbestos-containing materials
<br /> and lead paint, and (ii) the Property has never been subject to any contamination or
<br /> hazardous conditions resulting in any environmental investigation, inquiry or
<br /> remediation. Lessor and Lessee agree that each will be responsible for compliance
<br /> with any and all applicable governmental laws, rules, statutes, regulations, codes,
<br /> ordinances, or principles of common law regulating or imposing standards of liability or
<br /> standards of conduct with regard to protection of the environment or worker health and
<br /> safety, as may now or at any time hereafter be in effect, to the extent such apply to that
<br /> party's activity conducted in or on the Property.
<br /> (b) Lessee will be solely responsible for and will defend, indemnify, and hold
<br /> Lessor, its agents, and employees harmless from and against any and all direct claims,
<br /> costs, and liabilities, including attorney's fees and costs, arising out of or in connection
<br /> with Lessee's use of Hazardous Materials.
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