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Section 37.05 Tenant shall immediately inform Landlord in writing of (i) any and all
<br />enforcement action, Remedial Activities, or other governmental or regulatory actions instituted,
<br />completed or threatened pursuant to any Environmental Laws affecting the Demised Premises;
<br />(ii) all claims made or threatened by any third person against Tenant or the Demised Premises
<br />relating in any way whatsoever to Hazardous Materials or Environmental Conditions (the
<br />matters set forth in clauses (i) and (ii) are hereinafter referred to as "Environmental Claims");
<br />(iii) Tenant's knowledge of any Release of Hazardous Materials at, on, in, under or from the
<br />Demised Premises; (iv) Tenant's discovery of any occurrence or condition of any real property
<br />adjoining or in the vicinity of the Demised Premises that could cause the Demised Premises or
<br />any part thereof to be classified as "border -zone property" under the provisions of California
<br />Health and Safety Code, Section 25220 et seq., or any regulation adopted in accordance
<br />therewith, or to be other -wise subject to any restriction on the ownership, occupancy,
<br />transferability or use of the Demised Premises under Environmental Laws.
<br />Section 37.06 Tenant shall be solely responsible for and shall indemnify and hold harmless
<br />Landlord, its agents, employees, successors and assigns from and against any and all private or
<br />governmental claims, lawsuits, administrative proceedings, judgments, penalties, fines,
<br />proceedings, loss, damage, cost, expense or liability directly or indirectly arising out of or
<br />associated in any manner whatsoever with Tenant's Use or the presence of Hazardous Materials
<br />(which may have occurred at any time, including prior to the term hereof) or Release of
<br />Hazardous Materials at, on, under, about or from the Demised Premises during the term hereof,
<br />including any extensions. Tenant's indemnity and release includes, without limitation: (i) the
<br />costs associated with Remedial Activities, including all necessary plans and reports, incurred by
<br />the U.S. Environmental Protection Agency, the California Department of Toxic Substances
<br />Control, the California Regional Water Quality Control Board, or any other federal, state or local
<br />governmental agency or entity or by any other person, incurred pursuant to the CERCLA,
<br />RCRA, the Hazardous Waste Control Law, § 25001 et seq. of the California Health and Safety
<br />Code (" HWCL"), the Carpenter - Presley - Tanner Hazardous Substance Account Act, § 25300
<br />et seq. of the California Health and Safety Code ("HSAA"), or any other applicable
<br />Environmental Laws; (ii) any oversight charges, fines, damages or penalties arising from the
<br />presence or Release of Hazardous Materials, and any related Remedial Activities, incurred
<br />pursuant to the provisions of CERCLA, RCRA, HWCL or HSAA or any other applicable
<br />Environmental Laws; (iii) any liability to third parties arising out of the presence or Release of
<br />Hazardous Materials for personal injury, bodily injury, or property damage arising under any
<br />statutory or common law theory, including damages assessed for the maintenance of a public or
<br />private nuisance, the costs of Remedial Activities, or for the carrying on of an abnormally
<br />dangerous activity; (iv) all direct or indirect compensatory, consequential, or punitive damages
<br />arising out of any claim based on the presence or Release of Hazardous Materials or damage or
<br />threatened damage to Environmental Conditions; (v) any and all costs, fees and expenses of
<br />attorneys, consultants and experts incurred or sustained in making any investigation on account
<br />of any claim, in prosecuting or defending any action brought in connection therewith, in
<br />obtaining or seeking to obtain a release therefrom, or in enforcing any of the agreements herein
<br />contained; and (vi) Rent during any period of Remedial Activities equal to the Base Rent then in
<br />effect, or if the Lease has terminated, the Base Monthly Rent which was in effect on the
<br />Termination Date. The foregoing indemnity shall apply to Tenant's Use of Hazardous Materials
<br />irrespective of whether any of Tenant's activities were or will be undertaken in accordance with
<br />Environmental Laws or other applicable laws, regulations, codes and ordinances. This indemnity
<br />is intended to be operable under 42 U.S. C. § 9607(e)(1). Tenant specifically agrees that it shall
<br />not sue or seek contribution from any Indemnitee in any matter relating to any Hazardous
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