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<br />against any and all claims, costs, losses, expenses, demands, actions, or causes
<br />of action, including reasonable attorneys' fees and other costs and expenses of
<br />litigation, which may be asserted against or incurred by Landlord, except those,
<br />which arise from the negligence, willful misconduct, or other fault of Landlord.
<br />Tenant shall defend all claims to the extent caused by its installation, operation,
<br />use, maintenance, repair, removal, or presence of Tenant's Antenna Facilities,
<br />equipment and related facilities on the Leased Premises
<br />
<br />(b) Hazardous Materials. Without limiting the scope of ~Hbparagraph 12(a) above,
<br />Tenant will be solely responsible for and will d.~l'~d, indemnify, and hold
<br />Landlord, its agents, and employees harmless,nl%~ffi. and against any and alI
<br />claims, costs, and liabilities, including atto~@~s"fli~~ and costs, to the extent
<br />caused by Tenant's use of Hazardous Mat~rials. Fo~i:purposes of this Lease,
<br />"Hazardous Materials" shall be interpr~ted broadly ahr.lj,'s,gecifically includes,
<br />without limitation, asbestos, fuel, batteries or any hazardouSliubstance, waste, or
<br />materials as defined in any federal,stllte, or local environmentlllor safety law or
<br />regulations including, but not limited to, CERCl,}\.
<br />
<br />(c) Landlord's Warranty. Landlord represents and warrants that it has no
<br />knowledge of any Haz<frdous]\1aterials on l.I1t:Landlord' s Property. Landlord
<br />agrees to defend, indernnifYarid,hold hat!XIl.~ss Tenant and its officers,
<br />employees, contractors, agents, andrepl"tst:rtatives,jfrom and against any and alI
<br />claims, costs, losses, expenses, del11ands,llc,~gT!$' or causes of action, including
<br />reasonablea.ttorneys' fees andoth~r costs and expenses of litigation, which may
<br />be asserted against orincurredby Tenant as a result of (i) Landlord's breach of
<br />the warranty herein,andlor (ii)l.I1ose damages or bodily injuries, including
<br />death, resulting frgh1l.11e existence, discovery or release of Hazardous Materials
<br />on the Landlord's Property caused by Landlord, or third parties not related to
<br />Tenant, priorto and during the Initial Term and any Renewal Term of this
<br />Lease,,~xcept<those, which arise from Tenant's negligence or wilIful
<br />misconduct, all subject to the provisions of Minnesota Statutes Chapter 466.
<br />
<br />(d) Tenant's Warrantv. Tenant represents and warrants that its use of the Leased
<br />Premises wiIInot generate and Tenant will not store or dispose of on the Leased
<br />Premises, nor! transport to or over the Leased Premises, any Hazardous
<br />Materials,inviolation of the law, unless Tenant specificalIy informs Landlord
<br />thereofinwriting twenty-four hours prior to such storage, disposal or transport,
<br />or otherwise as soon as Tenant becomes aware of the existence of Hazardous
<br />Materials on the Leased Premises. Notwithstanding the foregoing, it is agreed
<br />and understood that the Tenant may be permitted to use such Hazardous
<br />Materials that are commonly used in the type of facility contemplated herein,
<br />including without limitation, fuel-powered generators and batteries. The
<br />obligations of this Paragraph 12 shall survive the expiration or other termination
<br />of this Lease.
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