T-Mobile West LLC 5/4/2017 - Laserfiche WebLink

T-Mobile Site ID:SE01845A Cascade HS North WT Market:PNW City of Everett Site ID:Olympic Tank Site, the loss of or restriction of useful space in or on the Site, and any and all damages and claims asserted by third parties and the Lessor's attorney's fees, costs and expenses. G. Remediation on Termination of Lease. i. Upon the expiration or earlier termination of this Lease, the Lessee shall remove, remediate or clean up any Hazardous Materials on,or emanating from,the Site,and the Lessee shall undertake whatever other action may be necessary to bring the Site into full compliance with the Environmental Laws("Termination Cleanup"). The process for such Termination Cleanup is subject to the Lessor's prior written approval. Although the Lessor reserves the right to review and approve the Termination Cleanup process,the Lessor assumes no responsibility for it or its compliance with the Environmental Laws. ii. If the Lessee fails or refuses to commence the Termination Cleanup process,or fails to reasonably proceed toward completion of such process, the Lessor may elect to perform such Termination Cleanup after providing the Lessee with written notice of the Lessor's intent to commence Termination Cleanup and after providing the Lessee a reasonable opportunity, which shall not be less than ninety (90) days after such notice (unless the Lessor is given notice by a government or regulatory agency with jurisdiction over such matter that Termination Cleanup must commence within a shorter time),to commence or resume the Termination Cleanup process. If the Lessor performs such Termination Cleanup after said notice and the Lessee's failure to perform same,the Lessee shall pay all of the Lessor's costs and expenses. H. Survival. The Lessee's obligations and liabilities under this Section 12 shall survive the expiration or earlier termination of this Lease. 13. COMPLIANCE WITH LAW:Notwithstanding any other provision in this Lease to the contrary,Lessee,at its sole cost,shall comply with all laws,statutes,ordinances,regulations, rules,and other governmental requirements(hereinafter called "laws"),in performing or observing its obligations under this Lease. The provisions of this Section shall not supersede,but shall be in addition to, any other provisions in this Lease, which impose a higher standard of care or duty by Lessee. 14. INDEMNIFICATION: The Lessee hereby agrees to defend and indemnify the Lessor from any and all Claims arising out of, in connection with, or incident to any acts, errors, omissions, or conduct by Lessee (or its employees, agents, representatives, contractors and subcontractors) with respect to its operations at Site. The Lessee is obligated to defend and indemnify the Lessor pursuant to this Section whether a Claim is asserted directly against the Lessor, or whether it is asserted indirectly against the Lessor, e.g., a Claim is asserted against someone else who then seeks contribution or indemnity from the Lessor. The Lessee's duty to defend and indemnify pursuant to this Section is not in any way limited to, or by the extent of, insurance obtained by, obtainable by, or required of the Lessee. The Lessee shall not indemnify the Lessor for Claims caused by the negligence or willful misconduct of the Lessor. If(1) RCW 4.24.115 applies to a particular Claim, and (2)the bodily injury or damage to property for which the Lessee is to indemnify the Lessor is caused by or results from the concurrent negligence of(a) the Lessee, its employees, contractors, subcontractors or agents and (b) the Lessor, then the Page 9 of21