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200100091 =- iG9687 and notifications. Furthermore, Grantee shall assume all responsibility for and shall indemnify and defend Grantor against all costs and claims associated with a release or leak of any tank contents. B. Grantee shall use its best efforts and safety practices to prevent the release of oil and hazardous substances as defined in CERCLA on the Premises. Notwithstanding, Grantee assumes all responsibility for the investigation and cleanup of any such release and shall indemnify and defend the Grantor, its officers, agents and employees, for all costs, including environmental consultant and attorney fees, and claims resulting from or associated with any such release. This provision shall continue in full force and effect regardless of whether this Rights Agreement is terminated pursuant to any other provision, or the Premises are abandoned and vacated by the Grantee. Section 6. U'1. A. The Grantee shall arrange, secure, and be responsible for all water, gas, heat, electricity, power, sewer, telephone, and any and all other utilities and services supplied and/or furnished to the Premises in connection with the use of the Premises by the Grantee as herein provided, together with any and all taxes and/or assessments applicable thereto. B. It is agreed that all utilities and services outlined above should be separately metered to the Grantee. Section 7. j,EENS. The Grantee shall pay, when due and before any lien shall attach to the Premises, if the same may lawfully be asserted, all charges for water, gas, light, and power furnished; and for rental or use of sewer facilities serving the Premises, and fully pay for all materials joined or affixed to the Premises, pay for all taxes and assessments, and pay in full all persons who perform labor upon the Premises, and shall not permit or suffer any mechanic's or materiahnan's or other lien of any kind or nature to be created or enforced against the Premises for any work done or materials furnished thereon at the instance or request or on behalf of the Grantee; and the Grantee agrees to indemnify, hold harmless, and defend, the Grantor and Grantor's property against and from any and all liens, claims, demands, costs, and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials or other things furnished. • Jul' • ► • 1►I� u41 A. The Grantee accepts the Premises in its present condition and hereby assumes the risk of any injury to and death of persons and damage to or destruction of property resulting from the condition of or any defects anywhere in or upon the Premises, regardless of whether such condition or defects are known or unknown, apparent or latent, and regardless of whether such condition or defects exist at the commencement of this Rights Agreement or at some later time. B. The occupation of and activities upon the Premises by the Grantee will expose the Grantor's property, operations and facilities to additional hazards; and as one of the material G: \LAWADM \PAR \JML \188- 00.&XC 3