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Materials in, on or about the Site. In the event, and only in the event, that the Lessor approves any
<br /> of the foregoing, the Lessee agrees that such activity shall occur safely and in compliance with the
<br /> Environmental Laws.
<br /> iii. The Lessee shall not cause or permit to occur any violation of the Environmental
<br /> Laws on,under or about the Site, or arising from the Lessee's use or occupancy of the Site.
<br /> iv. The Lessee shall, in a timely manner and at the Lessee's own expense, make all
<br /> submissions to, provide all information required by and comply with all requirements of all
<br /> governmental or regulatory authorities("the Authorities"or"Authority")with jurisdiction under the
<br /> Environmental Laws. If the Lessee fails to fulfill any duty imposed under this Section 12 within a
<br /> reasonable time, the Lessor may do so; and in such case,the Lessee shall cooperate with the Lessor
<br /> in order to prepare all documents the Lessor deems necessary or appropriate to determine the
<br /> applicability of the Environmental Laws to the Site and the Lessee's use or occupancy thereof, and
<br /> for compliance with the Environmental Laws, and the Lessee shall execute all documents promptly
<br /> upon the Lessor's request. No such action by the Lessor and no attempt made by the Lessor to
<br /> mitigate damages shall constitute a waiver of any of the Lessee's obligations under this Section 12.
<br /> v. Should any Authority demand that a cleanup or remediation plan be prepared and
<br /> that a cleanup or remediation be undertaken because of any deposit, spill, discharge or other release
<br /> of Hazardous Materials which occurs during the term of this Lease at or from the Site, or which
<br /> arises at any time from the Lessee's use or occupancy of the Site, then the Lessee shall, in a timely
<br /> manner and at the Lessee's own expense, prepare and submit the required plans and all related
<br /> bonds and other financial assurances; and the Lessee shall carry out all such cleanup or remediation
<br /> plans. Any such cleanup or remediation plans are subject to the Lessor's prior written approval.
<br /> Although the Lessor reserves the right to review and approve such cleanup or remediation plans,the
<br /> Lessor assumes no responsibility for such plans or their compliance with the Environmental Laws.
<br /> C. Indemnification.
<br /> i. The Lessee shall be fully and completely liable to the Lessor for any and all cleanup
<br /> and/or remediation costs and expenses and any and all other charges, expenses, fees,penalties (civil
<br /> and criminal) imposed by any Authority arising out of the Lessee's use, disposal, transportation,
<br /> generation, release, handling, spillage, storage, treatment, deposit and/or sale of Hazardous
<br /> Materials on or about the Site. The Lessee shall indemnify, defend and save the Lessor harmless
<br /> from any and all of the costs, expenses, fees, penalties and charges assessed against or imposed
<br /> upon the Lessor (as well as the Lessor's reasonable attorney's fees, costs and expenses) by any
<br /> Authority as a result of the Lessee's use, disposal, transportation, generation, release, handling,
<br /> spillage, storage,treatment, deposit and/or sale of Hazardous Materials or as a result of the Lessee's
<br /> failure to provide all information, make all submissions and/or take all steps required by all
<br /> Authorities under the Environmental Laws.
<br /> ii. The Lessee shall indemnify and hold the Lessor harmless from any and all claims,
<br /> liabilities, lawsuits, damages and expenses, including reasonable attorney's fees, for injuries to
<br /> persons or death, property damage, loss or costs proximately caused by the use, disposal,
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