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<br />s'os 18 PacF 866
<br />Laws; (ii) any claim made or threatened by any person against the Notifying Party or the
<br />Premises relating to damage contribution, cost recovery, compensation, loss or injury
<br />resulting from or claimed to result from any Hazardous Materials on or about the
<br />Premises; and (iii) any reports made to any environmental agency arising out of or in
<br />connection with any Hazardous Materials in or removed from the Premises including any
<br />complaints, notices, warning or assertive violations in connection therewith, all upon
<br />receipt by the Notifying Party of actual knowledge of any of the foregoing matters.
<br />Notifying Party shall also supply to Notice Recipient as promptly as possible and in any
<br />event within five (5) business days after Notifying Party first receives or sends the same,
<br />with copies of all claims, reports, complaints, notices, warning or assertive violations
<br />relating in any way to the Premises or Tenant's use thereof.
<br />(c) Indemnification by Landlord. Landlord shall indemnify, defend
<br />(by counsel reasonably acceptable to Tenant), protect and hold Tenant, and each of
<br />Tenant's employees, officers, directors, shareholders, affiliates, agents, attorney,
<br />subleases, successors and assigns, free and harmless from and against any and all claims,
<br />actions, causes of action, liabilities, penalties, forfeitures, cost, judgments, losses or
<br />expenses, (including, without limitation, Court costs and attorneys' fees) or death of or
<br />injury to any person or damage to any property whatsoever, arising from or caused in
<br />whole or in part, directly or indirectly, by (i) the presence in, on, under or about the
<br />Premises or the release or discharge in or from the Premises of any Hazardous Materials,
<br />except for Hazardous Materials that are brought into the Premises by or at the direction of
<br />Tenant and except for Tenant's Contamination, (ii) the failure by Landlord, any agent,
<br />employee, contractor or representative of Landlord or any predecessor to Landlord to
<br />comply with any Hazardous Materials Laws. Landlord's obligation hereunder shall not
<br />include any relocation costs or loss of revenue arising out of any interruption of the
<br />business of the Tenant caused by the presence of Hazardous Materials on, under, or about
<br />the Premises. For purposes of this indemnity provision, any acts or omissions of
<br />Landlord, or by employees, agents, assignees, contractors or subcontractors of Landlord
<br />or others acting for or on behalf of the Landlord (whether or not they are negligent,
<br />intentional, willful or unlawful) shall be strictly attributable to Landlord. The
<br />indemnification by Landlord contained in this paragraph 7 shall not apply to any Tenant's
<br />Contamination or any violation by Tenant or any of Tenant's Representatives of any
<br />Hazardous Materials Laws.
<br />(f) Indemnification by Tenant. Tenant shall indemnify, defend (by
<br />counsel reasonably acceptable to Landlord), protect and hold Landlord, and each of
<br />Landlord's employees, agents, attorneys, successors and assigns, free and harmless from
<br />and against any and all claims, actions, causes of action, liabilities, penalties, forfeitures,
<br />losses or expenses (including, without limitation, attorneys' fees and costs) or death of or
<br />injury to any person or damage to any property whatsoever, arising from or caused in
<br />whole or in part, directly or indirectly by (1) any Tenant's Contamination, or (2) Tenant's
<br />failure to comply with any Hazardous Materials Laws with respect to the Premises.
<br />Tenant's obligations hereunder shall include, without limitation, and whether foreseeable
<br />or unforeseeable, all costs of any required or necessary repair, clean up or detoxification
<br />or decontamination of the Premises, and the preparation and implementation of any
<br />closure, remedial action or other required plans in connection therewith. For purposes of
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