|
•
<br />•
<br />8. Additional Buildings. Tenant acknowledges that Landlord may permit
<br />additional buildings to be constructed on the property described in Exhibit A.
<br />At such time as this may occur, Tenant will permit said buildings to be placed
<br />immediately adjacent to Tenant's building and will allow "attachments" to its
<br />building so as to give the appearance that all buildings are a connected
<br />facility. Said attachments will be made at no cost to Tenant, will not interfere
<br />with or disrupt Tenant's use of the Leased Premises and will not compromise
<br />the structural integrity of Tenant's building.
<br />9. Defense and Indemnification.
<br />(a) General. Tenant agrees to defend, indemnify and hold harmless Landlord
<br />and its elected officials, officers, employees, agents, and representatives,
<br />from and against any and all claims, including reasonable attorneys' fees and
<br />other costs and expenses of litigation, which may be asserted against or
<br />incurred by Landlord or for which Landlord may be liable in the performance
<br />of this Lease which arise from the use occupancy of the Leased Premises by
<br />Tenant, except those which arise solely from the negligence, willful
<br />misconduct, or other fault of Landlord. Tenant shall defend all claims arising
<br />out of the installation, operation, use, maintenance, repair, removal, or
<br />presence of Tenant's Antenna Facilities, equipment and related facilities on
<br />the Leased Premises.
<br />(b) Hazardous Materials. Without limiting the scope of Subparagraph 10 (a)
<br />above, Tenant will be solely responsible for and will defend, indemnify, and
<br />hold Landlord, its agents and employees harmless from and against any and
<br />all claims costs, and liabilities, including attorney's fees and costs, arising out
<br />of or in connection with the cleanup or restoration of the Leased Premises
<br />associated with the Tenant's use of Hazardous Materials. For purposes of
<br />this Lease, "Hazardous Materials" shall be Interpreted broadly and
<br />specifically includes, without limitation, asbestos, fuel, batteries or any
<br />hazardous substance, waste, or materials as defined In any federal, state, or
<br />local environmental or safety law or regulations including, but not limited to,
<br />CERCLA.
<br />(c) Tenant's Warranty Tenant represents and warrants that its use of the
<br />Leased Premises will not generate and Tenant will not store or dispose of on
<br />the Leased Premises, nor transport to or over the Leased Premises, any
<br />Hazardous Materials, unless Tenant specifically informs Landlord thereof in
<br />writing twenty four (24) hours prior to such storage, disposal or transport, or
<br />otherwise as soon as Tenant becomes aware of the existence of Hazardous
<br />Materials on the Leased Premises. The obligations of this Paragraph 9 shall
<br />survive the expiration or other termination of this Lease.
<br />(d) Landlord's Warranty. Landlord represents, warrants and agrees (1) that
<br />• neither Landlord nor, to Landlord's knowledge, any third party has used,
<br />
|