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<br />BOOK 21 PAGE 76$
<br />reflecting the legal and proper disposal of all Hazardous Materials
<br />removed from the Premises as part of Tenant's remediation of any
<br />Tenant's Contamination.
<br />iii) Disposition of Hazardous Materials. Except as discharged into the
<br />sanitary sewer or otherwise removed from the Premises in strict
<br />accordance and conformity with all applicable Hazardous Materials Laws,
<br />Tenant shall cause any and all Hazardous Materials removed from the
<br />Premises as part of the required remediation of Tenant's Contamination
<br />to be removed and transported solely by duly licensed haulers to duly
<br />licensed facilities for final disposition of such materials and waste.
<br />d) Notice of Hazardous Material 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
<br />Laws; (ii) any claim made or threatened by any person against the Notifying
<br />Party or the Premises relating to damage contribution, cost recovery,
<br />compensation, loss or injury resulting from or claimed to result from any
<br />Hazardous Materials on or about the Premises; and (iii) any reports made to any
<br />environmental agency arising out of or in connection with any Hazardous
<br />Materials in or removed from the Premises including any complaints, notices,
<br />warning or assertive violations in connection therewith, all upon receipt by the
<br />Notifying Party of actual knowledge of any of the foregoing matters. Notifying
<br />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
<br />same, with copies of all claims, reports, complaints, notices warning or assertive
<br />violations relating in any way to Premises or Tenant's use thereof.
<br />e) Indemnification by Landlord. Landlord shall indemnify, defend (by counsel
<br />reasonably acceptable to Tenant), protect and hold Tenant, and each of Tenant's
<br />employees, officers, directors, shareholders, affiliates, agents, attorney,
<br />sublessees, successors and assigns, free and harmless from and against any
<br />and all claims, actions, causes of action, liabilities, penalties, forfeitures, cost,
<br />judgments, losses or expenses, (including, without limitation, Court costs and
<br />attorneys' fees) 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 (i)
<br />the presence in, on, under or about the Premises or the release or discharge in
<br />or from the Premises of any Hazardous Materials, except for Hazardous
<br />Materials that are brought into the Premises by or at the direction of Tenant and
<br />except for Tenant's Contamination, (ii) the failure by Landlord, any agent,
<br />employee, contractor or representative of Landlord or any predecessor to
<br />Landlord to comply with any Hazardous Materials Laws. Landlord's obligation
<br />hereunder shall not include any relocation costs or loss of revenue arising out of
<br />any interruption of the business of the Tenant caused by the presence of
<br />Hazardous Materials on, under, or about the Premises. For purposes of this
<br />indemnity provision, any acts or omissions of Landlord, or by employees, agents,
<br />assignees, contractors or subcontractors of Landlord or others acting for or on
<br />behalf of the Landlord (whether or not they are negligent, intentional, willful or
<br />unlawful) shall be strictly attributable to Landlord. The indemnification by
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