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Cleanup and after providing the Lessee a reasonable opportunity, which shall not be less than ninety (90)
<br /> days after such notice (unless the Lessor is given notice by a government or regulatory agency with
<br /> jurisdiction over such matter that Termination Cleanup must commence within a shorter time), to
<br /> commence or resume the Termination Cleanup process. If the Lessor performs such Termination Cleanup
<br /> after said notice and the Lessee's failure to perform same,the Lessee shall pay all of the Lessor's costs and
<br /> expenses.
<br /> H. Survival. The Lessee's obligations and liabilities under this Section 12 shall survive the
<br /> expiration or earlier termination of this Lease.
<br /> 13. COMPLIANCE WITH LAW: Notwithstanding any other provision in this Lease to the
<br /> contrary, Lessee, at its sole cost, shall comply with all laws, statutes, ordinances, regulations, rules, and
<br /> other governmental requirements (hereinafter called "laws"), in performing or observing its obligations
<br /> under this Lease. The provisions of this Section shall not supersede, but shall be in addition to,any other
<br /> provisions in this Lease,which impose a higher standard of care or duty by Lessee.
<br /> 14. INDEMNIFICATION:The Lessee hereby agrees to defend and indemnify the Lessor from
<br /> any and all Claims arising out of, in connection with,or incident to any acts,errors,omissions,or conduct
<br /> by Lessee (or its employees, agents, representatives, contractors and subcontractors) relating to this
<br /> Lease. The Lessee is obligated to defend and indemnify the Lessor pursuant to this Section whether a
<br /> Claim is asserted directly against the Lessor,or whether it is asserted indirectly against the Lessor, e.g., a
<br /> Claim is asserted against someone else who then seeks contribution or indemnity from the Lessor. The
<br /> Lessee's duty to defend and indemnify pursuant to this Section is not in any way limited to, or by the
<br /> extent of, insurance obtained by,obtainable by,or required of the Lessee.The Lessee shall not indemnify
<br /> the Lessor for Claims caused solely by the negligence of the Lessor. If (1) RCW 4.24.115 applies to a
<br /> particular Claim,and (2)the bodily injury or damage to property for which the Lessee is to indemnify the
<br /> Lessor is caused by or results from the concurrent negligence of(a)the Lessee,its employees,contractors,
<br /> subcontractors or agents and (b) the Lessor, then the Lessee's duty to indemnify shall be valid and
<br /> enforceable only to the extent allowed by RCW 4.24.115. Solely and expressly for the purpose of its duties
<br /> to indemnify and defend the Lessor, the Lessee specifically waives any immunity it may have under the
<br /> State Industrial Insurance Law,Title 51 RCW. The Lessee recognizes that this waiver of immunity under
<br /> Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject
<br /> of mutual negotiation. As used in this Section: (1) "Lessor" includes the Lessor's officers, employees,
<br /> agents, representatives, contractors, subcontractors,and consultants and (2) "Claims" include, but is not
<br /> limited to,any and all losses,claims,demands,expenses(including,but not limited to,attorney's fees and
<br /> litigation expenses), suits,judgments, or damage, irrespective of the type of relief sought or demanded,
<br /> such as money or injunctive relief,and irrespective of whether the damage alleged is bodily injury,damage
<br /> to property, economic loss, general damages, special damages, or punitive damages. In the event it is
<br /> necessary for Lessor to incur attorney's fees, legal expenses or other costs to enforce the provisions of
<br /> this Lease, all such fees,expenses and costs shall be recoverable from the Lessee.
<br /> 15. LIABILITY INSURANCE:The Lessee shall procure and keep in force during the term of this
<br /> Lease, at Lessee's own cost and expense, commercial general liability (CGL) insurance written on a
<br /> standard ISO version policy form,or its equivalent,with a company who is rated at least"A"or better and
<br /> with a numerical rating of no less that 7 by A.M. Best Company and which is acceptable to the Lessor. Said
<br /> CGL insurance shall be on an occurrence basis in an amount not less than$1,000,000 per occurrence and
<br /> at least $2,000,000 in the annual aggregate including, but not limited to, premises-operations liability,
<br /> blanket contractual liability and broad form property damage.
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