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ii. If the Lessee fails or refuses to commence the Termination Cleanup process, or fails
<br /> to reasonably proceed toward completion of such process, the Lessor may elect to perform such
<br /> Termination Cleanup after providing the Lessee with written notice of the Lessor's intent to
<br /> commence Termination Cleanup and after providing the Lessee a reasonable opportunity, which
<br /> shall not be less than ninety (90) days after such notice (unless the Lessor is given notice by a
<br /> government or regulatory agency with jurisdiction over such matter that Termination Cleanup must
<br /> commence within a shorter time),to commence or resume the Termination Cleanup process. If the
<br /> Lessor performs such Termination Cleanup after said notice and the Lessee's failure to perform
<br /> same,the Lessee shall pay all of the Lessor's costs and expenses.
<br /> H. Survival. The Lessee's obligations and liabilities under this Section 12 shall survive
<br /> the expiration or earlier termination of this Lease.
<br /> 13. COMPLIANCE WITH LAW: Notwithstanding any other provision in this
<br /> Lease to the contrary, Lessee, at its sole cost, shall comply with all laws, statutes, ordinances,
<br /> regulations, rules, and other governmental requirements (hereinafter called "laws"), in
<br /> performing or observing its obligations under this Lease. The provisions of this Section shall not
<br /> supersede, but shall be in addition to, any other provisions in this Lease, which impose a higher
<br /> standard of care or duty by Lessee.
<br /> 14. INDEMNIFICATION: The Lessee hereby agrees to defend and indemnify the
<br /> Lessor from any and all Claims arising out of, in connection with, or incident to any acts, errors,
<br /> omissions, or conduct by Lessee (or its employees, agents, representatives, contractors and
<br /> subcontractors) relating to this Lease. The Lessee is obligated to defend and indemnify the
<br /> Lessor pursuant to this Section whether a Claim is asserted directly against the Lessor, or
<br /> whether it is asserted indirectly against the Lessor, e.g., a Claim is asserted against someone else
<br /> who then seeks contribution or indemnity from the Lessor. The Lessee's duty to defend and
<br /> indemnify pursuant to this Section is not in any way limited to, or by the extent of, insurance
<br /> obtained by, obtainable by, or required of the Lessee. The Lessee shall not indemnify the Lessor
<br /> 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
<br /> indemnify the Lessor is caused by or results from the concurrent negligence of(a)the Lessee, its
<br /> employees, contractors, subcontractors or agents and (b) the Lessor, then the Lessee's duty to
<br /> indemnify shall be valid and enforceable only to the extent allowed by RCW 4.24.115. Solely
<br /> and expressly for the purpose of its duties to indemnify and defend the Lessor, the Lessee
<br /> specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51
<br /> RCW. The Lessee recognizes that this waiver of immunity under Title 51 RCW was specifically
<br /> entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual
<br /> 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
<br /> is not limited to, any and all losses, claims, demands, expenses (including, but not limited to,
<br /> attorney's fees and litigation expenses), suits,judgments, or damage, irrespective of the type of
<br /> relief sought or demanded, such as money or injunctive relief, and irrespective of whether the
<br /> damage alleged is bodily injury, damage to property, economic loss, general damages, special
<br /> damages, or punitive damages. In the event it is necessary for Lessor to incur attorney's fees,
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