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�� 9. HAZARDOUS SUBSTANCES. Landlord hereby warrants and represents to Tenant that to the best of Landlord's actual knowledge there is not present within or on the Premises, any asbestos, polychlorinated biphenyls or other substances (hereinafter collectively called "Substances") which on this date are Hazardous Substances as hereinafter defined. As used in this Section, the term "Hazardous Substances" shall mean hazardous waste, hazardous chemicals, flammable or explosive materials, radioactive substances, medical waste, toxic substances or related materials (whether such related materials are potentially injurious by themselves on in culmination with other materials), including but not limited to those substances listed in the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101). Landlord and Tenant agree that they shall cause or permit any Hazardous Substances to be generated, handled, possessed or stored within except as permitted by law. not knowingly used, placed, or on the Premises Each party hereto shall indemnify, defend and hold the other and its agents, employees, successors and assigns, free and harmless from any claims, damages, losses or liabilities arising from or in connection with any breach of the warranties, representations or covenants set forth in this Section, whether such claims, damages, losses or liabilities arise during or after the term of this Lease, except for claims, damages, losses or liabilities arising from Yazardous Substances brought into the Premises by the other party or its employees, agents or invitees. The foregoing agreement is intended to constitute an indemnity agreement within the meaning of Section ��-�a'tli of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9��r�°��1)r but nothing in such Section or Act shall be deemed to vitiate or limit, either directly or indirectly, the obligations of either party hereunder. 10. INDEMNITY AND INSURANCE: Landlord and Tenant shall each indemnify and hold each other harmless against and from any and all loss, cost and expense resulting from their own respective negligent acts and omissions and those of their employees and agents. Neither party shall have the obligation to provide or maintain insurance on or for the Premises. 11. CONDEMNATION: If the whole or any substantial part of the Premises shall be taken or condemned or purchased under threat of condemnation by any governmental authority, then the Term of this Lease shall cease and terminate as of the date when the condemning authority takes possession of the Premises. If less than a substantial part of the Premises shall be taken or condemned or purchased under threat of condemnation by any governmental authority then the rent shall be prorated to the extent that the area so taken or sold bears to the area of the entire Premises. �