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<br />" <br />" <br /> <br />( <br /> <br />( <br /> <br />200511152 <br /> <br />companies. In the eveDt that a partJ,Js insurance company will not provide such a waiver, tbat <br />party, when its current insurance policy with that company is terminated or renewed, shall use its <br />good faith best efforts to obtain such a waiver in its next insurance policy. 'Within thirty (30) <br />days of the Commencement Date, Lessor and Lessee each agree to give their respective insurer <br />written notification of the termB of the mutual waivers contained in this section and to have said <br />insurance policies properly endorsed, if necessary, to prevent the invalidation of said insurance <br />coverage by reason of said waivers. <br /> <br />9. Indemnification. <br /> <br />(a) Lessor and Lessee each agree to indemDify and hold hannless the other party <br />from and against any and all claims, damages, liabilities, obligations. costs and expenses, <br />(including, without limitation. reasonable attorney fees), actions and causes of action (collectively <br />"Claims") to the extent caused by or arising out of (a) the negligent acts or omissions or willful <br />misconduct in the operations or activities 00 the Property by the indemnifying party or the <br />employees, agents, contractors, licensees, Users, tenants and/or subtenants of the indemnifying <br />party, aod (b) a breach of any obligation of the indemnifying party under this Ground Lease. <br /> <br />(b) In addition to the indemnity and hold harmless agreements contained in the <br />preceding paragraph: <br /> <br />(i) Lessor sball indemnify and hold harmless Lessee from and against any and all <br />Claims arising out of or in any way related to environmental conditions <br />(including, without limitation, those related to bazardous substances. hazardous <br />wastes, toxic wastes and materials, hydrocOJ"bons and protected wetlands) <br />existing on the Property or the Premises. provided that a.s to the Premises, sucb. <br />environmental condition shall have arisen prior to the date hereo~ or exist by <br />TeaBan of the actions of a party 0:1;' parties other than Lessee, its agents. <br />representatives, or contractors; and <br /> <br />(ii) Lessee sball indemnify and hold harmless Lessor from and against any and all <br />Claims arising out of environmental conditions (including, without limitation, <br />those related to hazardous substilnces, hazardous wastes. toxic waste.s and <br />materials. hydrocarbons and protected wetlands), existing on the Premises, <br />provided that such conditions are caused by Lessee, its agents, representatives or <br />contractors. <br /> <br />(c) "Without in aoy way limiting the indemnity and hold harmless obligations under <br />paragraphs (a) and (b) of this Section, to ilia extent any Claims are actually incurred by the <br />indemnified party, the indemnifying party shall reimburse the indemnified party for the amount of <br />such Claims. <br /> <br />Cd) Notwithstanding the preceding paragraphs of this Section. the indemnification, <br />hold harmless and reimbursement obligations shall not extend to (i) Claims arising out of the <br />willful misconduct or gross negligence of the indemnified party or (iI) indirect, special. incidental <br />or consequential damages, including. without limitation, loss of profits, income or business <br />opportunities to the indemnified party. <br /> <br />Puge 4 <br /> <br />Site NlIl1lc nnd number. Jalwan C..il-Way Lumbar CDl1l181-411 <br />