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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, losse s, 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 re lated
<br />to this Lease, except those which arise solely from the negligence or willful misconduct of
<br />Landlord. Tenant shall defend all claims arising out of the permitting installation, inspection,
<br />operation, use, maintenance, repair, removal, or presence of Tenant’s Antenna Facilities, and
<br />related facilities on the Leased Premises. Nothing herein shall be deemed a waiver by Landlord
<br />of the limitations on liability set forth in Minnesota Statutes, Chapter 466 or other law. Except to
<br />the extent caused by the breach of this Agreement by Tenant or the acts or omissions of Tenant,
<br />its officers, agents, employees, contractors, or any other person or entity for whom Tenant is
<br />legally responsible, Landlord shall defend, indemnify and hold Tenant, its officers, direc tors,
<br />shareholders, employees, agents and representatives harmless from and against any and all
<br />Claims arising directly or indirectly out of: (i) any act or omission of Landlord, its officers,
<br />agents, employees, contractors or any other person or entity for whom Landlord is legally
<br />responsible; or (ii) a breach of any representation, warranty or covenant of Landlord contained
<br />or incorporated in this Agreement.
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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 clea nup 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, including
<br />reasonable attorney’s fees and costs, arising out of in connection with the removal, cleanup, or
<br />restoration of the Leased Premises with respect to Hazardous Materials from any and all sources
<br />other than those Hazardous Materials introduced to the Leased Premises by Tenant and their
<br />agents, including independent contractors. Nothing herein shall be deemed a waiver by Lessor of
<br />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 Te nant becomes aware of the existence of Hazardous Materials
<br />on the Leased Premises.
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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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