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Materials removed from the Premises as part of Tenant's remediation of <br /> any Tenant's Contamination <br /> iii. Disposition of Hazardous Materials. Except as discharged into the <br /> sanitary sewer or otherwise removed from removed from the Premises in <br /> strict accordance and conformity with all applicable Hazardous Materials <br /> Laws. Tenant shall cause any and all Hazardous Materials removed from <br /> the Premises as part of the required remediation of Tenant's <br /> Contamination to be removed and transported solely by duly licensed <br /> haulers to duly licensed facilities for final disposition of such materials <br /> and waste. <br /> c. Notice of Hazardous Materials Matters. Each party hereto (for purposes of this <br /> Paragraph"Notifying Party") shall immediately notify the other party (for the <br /> purposes of this Paragraph "Notice Recipient")in writing of: (i) any enforcement, <br /> clean-up, removal or governmental or regulatory action instituted, contemplated <br /> or threatened concerning the Premises pursuant to any Hazardous Materials Laws; <br /> (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 <br /> injury resulting from or claimed to result from any Hazardous Materials on or <br /> about the Premises; and (iii) any reports made to any environmental agency <br /> arising out of or in connection therewith, all upon receipt by the Notifying Party <br /> of actual knowledge of any of the foregoing matters. Notifying Party shall also <br /> supply to Notice Recipient as promptly as possible and in any event within five <br /> (5)business days after Notifying Party first receives or sends the same, with <br /> copies of all claims, reports, complaints, notices warning or assertive violations <br /> relating in any way to Premises or Tenant's use thereof. <br /> d. Indemnification by Tenant. Tenant shall indemnify, defend (by counsel <br /> reasonably acceptable to Landlord), protect and hold Landlord, and each of <br /> Landlord's employees, agents, attorneys, successors and assigns, free and <br /> harmless from and against any and all claims, actions, causes of action, liabilities, <br /> penalties, forfeitures, losses or expenses(including, without limitation, attorneys' <br /> fees and costs) or death of or injury to any person or damage to any property <br /> whatsoever, arising from or caused in whole or in part, directly or indirectly by <br /> (1) any Tenant's Contamination, or(2) Tenant's failure to comply with any <br /> Hazardous Materials Laws with respect to the Premises. Tenant's obligations <br /> hereunder shall include, without limitation, and whether foreseeable or <br /> unforeseeable, all costs of any required or necessary repair, clean up or <br /> detoxification or decontamination of the Premises, and the preparation and <br /> implementation of any closure,remedial action or other required plans in <br /> connection therewith. For purposes of the indemnity provisions hereof, any acts <br /> or omissions of Tenant or by employees, agents, assignees, contractors or <br /> subcontractors of Tenant or others acting for or on behalf of Tenant (whether or <br /> not they are negligent, intentional, willful, or unlawful) shall be strictly <br /> attributable to Tenant. The foregoing indemnification by Tenant shall not apply <br />