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any and all claims, costs, and liabilities including <br /> attorney' s fees and costs, arising out of or in <br /> connection with the cleanup or restoration of the tennis <br /> court area and access area resulting from the <br /> Association' s use of hazardous materials; provided that <br /> the Association shall have no responsibility or liability <br /> for any condition existing prior to this Lease or for the <br /> removal of any improvements specifically authorized by <br /> the City. For purposes of this Agreement, "hazardous <br /> materials shall be interpreted broadly and specifically <br /> includes, without limitation, asbestos, fuel, batteries, <br /> or any hazardous substance, waste or materials as defined <br /> in any federal, state or local environmental or safety <br /> law or regulations including but not limited CERCLA. The <br /> City represents that it has no knowledge of any hazardous <br /> materials on the property. <br /> I. Indemnification. The Association agrees to defend, <br /> indemnify and hold the City harmless from any and all <br /> costs, including reasonable attorney's fees, and claims <br /> of liability or loss which arise out of the Association's <br /> use and/or maintenance of the property except those which <br /> arise from the negligence, willful misconduct or other <br /> fault of the City. <br /> J. Compliance with Regulations. The Association and its <br /> members shall use the tennis court and the access areas <br /> in compliance with all of the City's regulations and in <br /> a manner that does not create a nuisance for adjoining <br /> property owners. <br /> K. Default. A violation of terms of this Lease by the <br /> Association or its members shall be an event of default. <br /> If a default occurs, the City shall provide the <br /> Association with a ten (10) day notice to cure such <br /> default. Failure to cure the default within the <br /> appropriate time shall result in an automatic termination <br /> of the Lease. <br /> L. Authority. Each party represents that they have been <br /> authorized to enter into this Lease Agreement. <br /> M. Governing Law. This Lease shall be construed in <br /> accordance with the laws of the State of Minnesota. <br /> N. Severability. If any term of this Lease is found to be <br /> void or invalid, such invalidity shall not affect the <br /> remaining terms of this Lease, which shall continue in <br /> full force_ and effect. <br /> i <br /> 3 <br />