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<br />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 /> <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 /> <br />J. Compliance with Requlations. 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 /> <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 /> <br />L. Authoritv. Each party represents that they have been <br />authorized to enter into this Lease Agreement. <br /> <br />M. Governinq Law. This Lease shall be construed in <br />accordance with the laws of the State of Minnesota. <br /> <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 /> <br />3 <br />