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<br />BOOK 21 PAGE 709
<br />Landlord contained in this paragraph 6 shall not apply to any Tenant's
<br />Contamination or any violation by Tenant or any of Tenant's Representatives of
<br />any Hazardous Materials Laws.
<br />f) 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,
<br />liabilities, penalties, forfeitures, losses or expenses (including, without limitation,
<br />attorneys' fees and costs) or death of or injury to any person or damage to any
<br />property whatsoever, arising frorn or caused in whole or in part, directly or
<br />indirectly by (1) any Tenant's Contamination, or (2) Tenant's failure to comply
<br />with any Hazardous Materials Laws with respect to the Premises. Tenant's
<br />obligations hereunder shall include, without limitation, and whether foreseeable
<br />or 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 attributable
<br />to Tenant. The foregoing indemnification by Tenant shall not apply for conditions
<br />other than Tenant's Contamination, so that, without limitation, the indemnification
<br />contained in this paragraph 6 shall not extend to conditions prior to the
<br />commencement of the Lease term.
<br />g) Exclusivity. The allocation of responsibility between obligations and liabilities
<br />undertaken by, and indemnifications given by, Landlord and Tenant under this
<br />paragraph 6 shall be the exclusive provisions under this Lease applicable to the
<br />subject matter treated in this paragraph 6, and any other conflicting or
<br />inconsistent provisions contained in this Lease shall not apply with respect to
<br />said subject matter.
<br />h) Survival and Duration of Obligations. All representations, warranties, obligations
<br />and indemnities made or given under this paragraph 6 shall survive the
<br />expiration or earlier termination of this Lease.
<br />7. UTILITIES AND SERVICES. All applications and connections for necessary utilities
<br />service on the Premises shall be made in the name of the Tenant only and the Tenant
<br />shall be solely liable for the utility charges as they become due including, but not limited
<br />to, those for sewer, water, gas, electricity, and telephone service.
<br />8. MAINTENANCE AND REPAIR.
<br />a) Tenant's Responsibility. Tenant shall be responsible at its own cost and expense
<br />to repair, replace, and maintain in good, safe and substantial condition, the
<br />Premises and all improvements erected therein and shall use all reasonable
<br />precautions to prevent waste, damage, or injury to the Premises. Tenant
<br />covenants to return the Premises at the termination or expiration of this Lease in
<br />good condition, fair wear and tear excepted. In making such repairs, Tenant must
<br />comply with all laws and ordinances applicable to such work and secure the
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