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DRAFT
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<br />475988v2 TJG NE136-131 6
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<br />8. Defense and Indemnification.
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<br />(a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its
<br />elected officials, officers, employees, agents, and representatives from and against any and all
<br />claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable
<br />attorneys’ fees and other costs and expenses of litigation, which may be asserted against or
<br />incurred by Landlord, or for which Landlord may be liable, arising out of or in any way related
<br />to this Lease, except those which arise solely from the negligence or willful misconduct of
<br />Landlord, its employees, agents or contractors. Nothing herein shall be deemed a waiver by
<br />Landlord of the limitations on liability set forth in Minnesota Statutes, Chapter 466 or other law.
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<br />(b) Hazardous Materials. Without limiting the scope of Tenant’s indemnification
<br />obligation, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord,
<br />its agents, and employees harmless from and against any and all claims, costs, and liabilities,
<br />including attorney’s fees and costs, arising out of or in connection with the cleanup or restoration
<br />of the Leased Premises associated with Tenant’s use of Hazardous Materials.
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<br />Landlord will be solely responsible for and will defend, indemnify, and hold Tenant, its agents,
<br />and employees harmless from and against any and all direct claims, costs, and liabilities,
<br />including reasonable attorney’s fees and costs, arising out of in connection with the removal,
<br />cleanup, or restoration of the Leased Premises with respect to Hazardous Materials from any and
<br />all sources other than those Hazardous Materials introduced to the Leased Premises by Tenant
<br />and their agents, including independent contractors. Nothing herein shall be deemed a waiver by
<br />Lessor of the limitations on liability set forth in Minnesota Statutes, Chapter 466 or other law.
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<br />For purposes of this Lease, “Hazardous Materials” shall be interpreted broadly and specifically
<br />includes, without limitation, asbestos, petroleum, fuel, batteries, PCBs, or any hazardous
<br />substance, waste, or materials as defined in any federal, state or local environmental or safety
<br />law or regulations including, but not limited to, CERCLA, and the Clean Water Act.
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<br />(c) Tenant’s Warranty. Tenant represents and warrants that its use of the Leased
<br />Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor
<br />transport to or over the Leased Premises, any Hazardous Materials, unless Tenant specifically
<br />informs Landlord thereof in writing twenty-four (24) hours prior to such storage, disposal or
<br />transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials
<br />on the Leased Premises. Tenant shall have the right to store reasonable quantities of batteries on
<br />the Leased Premises to provide backup power to the Antenna Facilities.
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<br />Tenant’s obligations under this Defense and Indemnification section shall survive the
<br />expiration or other termination of this Lease.
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<br />9. Insurance.
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<br />(a) Workers’ Compensation. Tenant must maintain Workers’ Compensation
<br />insurance in compliance with all applicable statutes. The policy shall also provide Employer’s
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