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THIS DRAFT DOES NOT CONSTITUTE AN OFFER <br />NOR A COMMITMENT TO EXTEND AN OFFER <br />Aquatic Lands Lease (Rev. 7/20/2022) Page 16 of 57 Lease No. 20-107205 <br />8.7 Indemnification. <br />(a) Tenant shall fully indemnify, defend, and hold harmless State from and against <br />Liabilities that arise out of, or relate to: <br />(1) The use, storage, generation, processing, transportation, handling, or <br />disposal of any Hazardous Substance by Tenant and affiliates occurring <br />whenever Tenant occupies or has occupied the Property; <br />(2) The release or threatened release of any Hazardous Substance resulting <br />from any act or omission of Tenant and affiliates occurring whenever <br />Tenant occupies or has occupied the Property. <br />(b) Tenant shall fully indemnify, defend, and hold harmless State for Liabilities that <br />arise out of or relate to Tenant’s breach of obligations under Paragraph 8.5. <br />(c) If Tenant fails to exercise care as described in Paragraph 8.2(b)(2), Tenant shall <br />fully indemnify, defend, and hold harmless State from and against Liabilities <br />arising from the acts or omissions of third parties in relation to the release or <br />threatened release of Hazardous Substances. <br /> <br />8.8 Reservation of Rights. <br />(a) For Liabilities not covered by the indemnification provisions of Paragraph 8.7, the <br />Parties expressly reserve and do not waive any rights, claims, immunities, causes <br />of action, or defenses relating to Hazardous Substances that either Party may have <br />against the other under law. <br />(b) The Parties expressly reserve all rights, claims, immunities, and defenses that <br />either Party may have against third parties. Nothing in this Section 8 benefits or <br />creates rights for third parties. <br />(c) The allocations of risks, Liabilities, and responsibilities set forth in this Section 8 <br />do not release either Party from or affect the liability of either Party for Hazardous <br />Substances claims or actions by regulatory agencies. <br /> <br />8.9 Cleanup. <br />(a) If Tenant’s act, omission, or breach of obligation under Paragraph 8.4 results in a <br />release of Hazardous Substances that exceeds the threshold limits of any <br />applicable regulatory standard, Tenant shall, at Tenant’s sole expense, promptly <br />take all actions necessary or advisable to clean up the Hazardous Substances in <br />accordance with applicable law. <br />(b) If a cleanup is eligible for the Washington State Department of Ecology’s <br />Voluntary Cleanup Program, Tenant may undertake a cleanup of the Property <br />pursuant to the Washington State Department of Ecology’s Voluntary Cleanup <br />Program, provided that Tenant cooperates with the Department of Natural <br />Resources in development of cleanup plans. Tenant shall not proceed with <br />Voluntary Cleanup without the Department of Natural Resources’ approval of <br />final plans. Nothing in the operation of this provision is an agreement by the <br />Department of Natural Resources that the Voluntary Cleanup complies with any <br />laws or with the provisions of this Lease. Tenant’s completion of a Voluntary DRAFT