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ii. The Lessee shall indemnify and hold the Lessor harmless from any and all claims,liabilities,
<br /> lawsuits, damages and expenses, including reasonable attorney's fees, for injuries to persons or death,
<br /> property damage, loss or costs proximately caused by the use,disposal,transportation,generation,release,
<br /> handling,spillage,storage,treatment,deposit and/or sale of Hazardous Materials by the Lessee or any of its
<br /> agents, representatives or employees on or about the Site.
<br /> D. Reporting Requirements. The Lessee shall comply with the Environmental Laws requiring
<br /> the submission, reporting or filing of information concerning Hazardous Materials with the Authorities and
<br /> shall provide to the Lessor a full copy of any such submission,filing or report as submitted within fifteen(15)
<br /> days of such submission.
<br /> E. Right to Check on the Lessee's Environmental Compliance. The Lessor expressly reserves
<br /> the right to conduct,and the Lessee shall fully cooperate in allowing,from time to time,such examinations,
<br /> tests, inspections and reviews of the Site as the Lessor, in its sole and absolute discretion, shall determine
<br /> to be advisable in order to evaluate any potential environmental problems.
<br /> F. Remedies. Upon a material default by the Lessee under this Section 12,the Lessor shall be
<br /> entitled to the following rights and remedies in addition to any other rights and remedies that may be
<br /> available to the Lessor:
<br /> At the Lessor's option, to terminate this Lease if Lessee fails to cure the default upon
<br /> reasonable notice under the circumstances; and/or
<br /> ii. At the Lessor's option,to perform such response,remediation and/or cleanup as is required
<br /> to bring the Site and any other property owned by Lessor affected by the Lessee's default into compliance
<br /> with the Environmental Laws and to recover from the Lessee all of the Lessor's costs and expenses in
<br /> connection therewith; and/or
<br /> iii. To recover from the Lessee any and all damages associated with the default including, but
<br /> not limited to, response, remediation and cleanup costs, expenses and charges, civil and criminal penalties
<br /> and fees,adverse impacts on marketing the Site or any other property owned by Lessor,loss of business and
<br /> sales by Lessor and other of Lessor's lessees, diminution of value of the Site and/or other property owned
<br /> by Lessor,the loss of or restriction of useful space in or on the Site and/or other property owned by Lessor,
<br /> and any and all damages and claims asserted by third parties and the Lessor's attorney's fees, costs and
<br /> expenses.
<br /> G. Remediation on Termination of Lease.
<br /> Upon the expiration or earlier termination of this Lease,the Lessee shall remove,remediate
<br /> or clean up any Hazardous Materials on, or emanating from, the Site, and the Lessee shall undertake
<br /> whatever other action may be necessary to bring the Site into full compliance with the Environmental Laws
<br /> ("Termination Cleanup"). The process for such Termination Cleanup is subject to the Lessor's prior written
<br /> approval. Although the Lessor reserves the right to review and approve the Termination Cleanup process,
<br /> the Lessor assumes no responsibility for it or its compliance with the Environmental Laws.
<br /> ii. If the Lessee fails or refuses to commence the Termination Cleanup process, or fails to
<br /> reasonably proceed toward completion of such process,the Lessor may elect to perform such Termination
<br /> Cleanup after providing the Lessee with written notice of the Lessor's intent to commence Termination
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