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invitees', agents' contractors', or subcontractors' installation, use, maintenance, repair or
<br /> removal of Lessee's Equipment; or (b) Lessee's breach or failure to perform any
<br /> environmental obligations contained herein. Lessee expressly agrees that Lessor shall have
<br /> no responsibility under MTCA to remediate or bear any financial responsibility for
<br /> remediation of Hazardous Materials on Lessor's Property attributable, in whole or in part,
<br /> to Lessee's or its employees', invitees', agents' contractors', or subcontractors'
<br /> installation, use, maintenance, repair or removal of the Generator.
<br /> d. SURVIVAL. The provisions set forth in this Section shall survive the expiration or earlier
<br /> termination of this Lease.
<br /> 17. INDEMNIFICATION.
<br /> a. DEFINITION.As used in this Section: "Lessor"includes the Lessor's officers,employees,
<br /> agents, and representatives; and"Claims" include,but is not limited to, any and all losses,
<br /> claims, demands, expenses (including, but not limited to, attorney's fees and litigation
<br /> expenses), suits, judgments, or damage, irrespective of the type of relief sought or
<br /> demanded, such as money or injunctive relief, and irrespective of whether the damage
<br /> alleged is bodily injury, damage to property, economic loss, general damages, special
<br /> damages, or punitive damages.
<br /> b. LESSEE'S INDEMNITY. Except to the extent attributable to the negligence or intentional
<br /> act or omission of Lessor, its officers, agents, employees, contractors, or any other person
<br /> or entity for whom Lessor is legally responsible,Lessee hereby agrees to defend,indemnify
<br /> and hold harmless the Lessor from any Claims attributable, in whole or in part, to any (i)
<br /> negligent or intentional act or omission by Lessee, its officers, owners, members,
<br /> managers, employees, agents, representatives, contractors and subcontractors or any other
<br /> person or entity for whom Lessee is legally responsible in connection with this Lease; or
<br /> (ii)breach or default of this Lease by Lessee. The Lessee is obligated to defend,indemnify
<br /> and hold harmless the Lessor pursuant to this Section regardless of whether a Claim is
<br /> asserted directly against the Lessor, or whether it is asserted indirectly against the Lessor,
<br /> e.g., a Claim is asserted against someone else who then seeks contribution or indemnity
<br /> from the Lessor. The Lessee shall not indemnify the Lessor for Claims caused solely by
<br /> the negligence of the Lessor.
<br /> c. WAIVER OF IMMUNITY. If a court of competent jurisdiction determines that any
<br /> particular Claim is subject to RCW 4.24.115, then in the event of liability for damages
<br /> arising out of bodily injury to persons or damages to property caused by or resulting from
<br /> the concurrent negligence of the Lessee, its employees, contractors, subcontractors or
<br /> agents and the Lessor, its officers, officials, employees, and volunteers, the Lessee's
<br /> liability hereunder shall be only to the extent of Lessee's negligence. Solely and expressly
<br /> for the purpose of its duties to indemnify and defend the Lessor, the Lessee specifically
<br /> waives any immunity it may have under the RCW Title 51 (State Industrial Insurance Law).
<br /> The Lessee recognizes that this waiver of immunity under RCW Title 51 (State Industrial
<br /> Insurance Law) was specifically entered into pursuant to the provisions of RCW 4.24.115
<br /> and was the subject of mutual negotiation.
<br /> d. LESSEE'S REPRESENTATIVES. To the extent that Lessee employs or engages agents,
<br /> representatives, contractors and subcontractors, then Lessee shall ensure that each such
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