CCP 08-13-2013 - Laserfiche WebLink

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(c) Lessor will be solely responsible for and will defend, indemnify, and hold Lessor, its agents, and employees harmless from and against any and all direct claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the removal, cleanup or restoration of the Premises with respect to Hazardous Materials from any and all sources other than those Hazardous Materials introduced to the Premises by Lessee. Nothing herein shall be deemed a waiver by the Lessor of the limitations on liability set forth in Minnesota Statutes, Chapter 466; and Lessor shall not be obligated to indemnify Lessee for any amounts in excess of the limitations on liability set forth in Minnesota Statutes, Section 466.04, less any amount the Lessor is required to pay on behalf of itself, its officers, employees, and agents for claims arising out of the same occurrence. (d) "Hazardous Materials" means asbestos or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulation including, but not limited to, CERCLA. Lessee shall state the nature of hazardous materials at the facility including asbestos, batteries and fuel supply. (e) In the event Lessee becomes aware of any hazardous materials on the Property, or any environmental, health or safety condition or matter relating to the Property, that, in Lessee's sole determination, renders the condition of the Premises or Property unsuitable for Lessee's use, or if Lessee believes that the leasing or continued leasing of the Premises would expose Lessee to undue risks of liability to a government agency or third party, Lessee will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Lessor. The obligations of this section shall survive the expiration or other termination of this Agreement. ARTICLE 5. 5.01 Utilities and Taxes. Lessee will be responsible for all utilities required by its use of the Premises. Lessee will pay its proportionate share of utilities furnished by Lessor, or will arrange to have its utilities separately metered. Lessee will pay any increase in real estate taxes caused by the improvements constructed thereon by Lessee. In the event that the real estate tax assessment on Lessor's property reflects Lessee's improvements, Lessor agrees to provide to Lessee in a timely manner, a copy of the assessment, but in no event later than thirty (30) days after the date of such notice of assessment. If Lessor does not provide such notice or notices to Lessee within such time period, Lessor shall be responsible for payment of the tax or assessment set forth in the notice, and Lessor shall not have the right to reimbursement of such amount from Lessee. If Lessor provides a notice of assessment to Lessee within such time period and requests reimbursement from Lessee as set forth below, then Lessee shall reimburse Lessor for the tax or assessments identified on the notice of assessment on Lessee's leasehold improvements, which has been paid by Lessor. If Lessor seeks reimbursement from Lessee, Lessor shall, no later than thirty (30) days after Lessor's payment of the taxes 10