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<br /> Dish Site: SESEA00125A
<br /> existing or hereafter amended (42 U.S.C. Sec. 9601 et seq.); or Washington Model Toxics
<br /> Control Act as now existing or hereafter amended (Chapter 70A.305 RCW and Chapter
<br /> 173-340 WAC); or(iv)any pollutants,contaminants or substances posing a danger or threat
<br /> to public health, safety or welfare or to the environment, which are regulated or controlled
<br /> as such by any applicable federal, state or local laws or regulations as now existing or
<br /> hereafter amended. "Environmental Law(s)" means the Comprehensive Environmental
<br /> Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq., the
<br /> Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et seq., the
<br /> Toxic Substances Control Act, 15 U.S.C. Sections 2601, et seq., the Hazardous Materials
<br /> Transportation Act, 49 U.S.C. 5101, et seq., and the Clean Water Act, 33 U.S.C. Sections
<br /> 1251, et seq., Model Toxics Control Act (Chapter 70A.305 RCW and Chapter 173-340
<br /> WAC) ("MTCA"), Hazardous Waste Management Act (Chapter 70A.300 RCW and
<br /> Chapter 173-303 WAC), and Uniform Environmental Covenants Act (Chapter 64.70
<br /> RCW), as said laws have been supplemented or amended to date, the regulations
<br /> promulgated pursuant to said laws and any other federal, state or local law, statute, rule,
<br /> regulation or ordinance which regulates or proscribes the use, storage, disposal, presence,
<br /> clean-up,transportation or release or threatened release into the environment of Hazardous
<br /> Materials.
<br /> b. ENVIRONMENTAL COMPLIANCE. Lessee will, at Lessee's sole expense, comply with
<br /> all Environmental Laws in connection with any substances brought on to the Site that are
<br /> identified as Hazardous Materials. As of the Effective Date, Lessee is responsible for any
<br /> loss or damage, including remediation, with respect to Hazardous Materials as per
<br /> Environmental Law, except to the extent caused by Lessor, its agents, employees,
<br /> representatives, contractors or subcontractors. Lessor understands and agrees that
<br /> notwithstanding anything contained in this Lease to the contrary, in no event shall Lessee
<br /> have any liability whatsoever with respect to any Hazardous Materials that was on, about,
<br /> adjacent to, under or near the Site prior to the Effective Date, or that was generated,
<br /> possessed, used, stored, released, spilled, treated, transported, manufactured, refined,
<br /> handled, produced or disposed of on, about, adjacent to, under or near the Site by: (1)
<br /> Lessor, its agents, employees, contractors or invitees; or (2) any third party who is not an
<br /> employee, agent, contractor or invitee of Lessee. Lessee shall not, without first obtaining
<br /> the Lessor's prior written approval, use, generate, release, handle, spill, store, treat, deposit,
<br /> transport, sell or dispose of any Hazardous Materials in, on or about the Site. In the event,
<br /> and only in the event, that the Lessor approves any of the foregoing, the Lessee agrees that
<br /> such activity shall occur in compliance with the Environmental Laws.
<br /> c. ENVIRONMENTAL INDEMNIFICATION. Lessee expressly agrees for itself, its
<br /> successors,and assigns to indemnify,defend and hold harmless the Lessor from and against
<br /> any damages, losses, liabilities, claims (including damages for decrease in value of the
<br /> Property or Premises, any loss or restriction on the use of usable space on the Property or
<br /> the Premises and sums paid to settle any claims, which include without limitation
<br /> attorneys' fees, consultants' fees, experts' fees and related costs and expenses) and causes
<br /> of action, including but not limited to claims under the Environmental Laws to the extent
<br /> arising from: (a)the presence of Hazardous Materials on the Property or the environmental
<br /> pollution of the Property attributable, in whole or in part, to Lessee's or its employees',
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