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<br />(b) As used in this License Agreement, the term “Injury” means (1) death, personal
<br />injury, or property, environmental, or natural resources damages, and any other losses, obligations
<br />or damages incurred by NSP for which NSP would reasonably expect to have obligations under
<br />environmental laws; (2) loss of profits or other economic injury; and (3) disease or actual or
<br />threatened health effect.
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<br />(c) Licensee shall protect, defend, indemnify, release, save and hold harmless NSP, its
<br />partners, directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and
<br />affiliates from and against any and all Claims and threatened Claims arising from, alleged to arise
<br />from, resulting from or alleged to result from, in whole or in part, (1) this License Agreement; (2)
<br />any act or omission of Licensee, or any of Licensee’s employees, agents, contractors, consultants
<br />or any of their invitees; or (3) the presence of the Licensee, or any of Licensee’s employees,
<br />agents, contractors or consultants, or any of their invitees, in upon, at or about the Property.
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<br />(d) The Licensee’s duty to protect, indemnify, hold harmless, release, and defend
<br />hereunder shall apply to any and all Claims and threatened Claims, and Injury, including, but not
<br />limited to:
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<br />(i) Claims asserted by any person or entity, including, but not limited to,
<br />employees of the Licensee or its contractors, subcontractors, or their employees, and
<br />federal, state, or local government;
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<br />(ii) Claims arising from, or alleged to be arising in any way from, the existence
<br />at or near the Property of (1) electric power generation, transmission, distribution, or
<br />related facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering, storage,
<br />transmission, distribution, or related facilities; (4) asbestos or asbestos containing
<br />materials.
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<br />(iii) Claims arising from the presence, release, disturbance, and/or exacerbation
<br />of any Hazardous Materials as defined below, regardless of origin, in, on, over, or around
<br />the Licensed Facility, or the off-site transportation and/or disposal of any Hazardous
<br />Materials. This indemnification and release does not apply, however, to any Claims arising
<br />out of or related to Hazardous Materials first generated, and brought onto and introduced
<br />to the Property, by NSP, unless such pre-existing Hazardous Materials are disturbed or
<br />exacerbated by Licensee;
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<br />(iv) Claims arising from, or alleged to be arising in any way from, the acts or
<br />omissions of the Licensee, its sublicensees, invitees, agents, or employees; and
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<br />(v) Claims occasioned by or related to an actual or alleged Injury.
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<br /> (e) The term “Hazardous Materials” includes any substance, pollutant, contaminant,
<br />chemical, material or waste that is regulated, listed, or identified under any Environmental Laws,
<br />or which is deemed or may be deemed hazardous, dangerous, damaging or toxic to living things
<br />or the environment, and shall include, without limitation, any flammable, explosive, or radioactive
<br />materials; hazardous materials; radioactive wastes; hazardous wastes; hazardous or toxic
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