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<br />contest in good faith and with reasonable diligence the validity of any such lien or claimed
<br />lien.
<br />15. INSURANCE REQUIREMENT. Lessee shall maintain insurance coverage
<br />as required under the Landfill Gas Purchase Agreement.
<br />16. INDEMNITY.
<br />A. Lessee shall, at its expense, defend, indemnify and hold harmless
<br />Lessor and its employees, officers, directors, contractors, representatives and agents (the
<br />"Lessor Indemnitees")
<br />7.
<br />(i.) from and against any losses, liabilities, damages, penalties, costs,
<br />fees, including without limitation reasonable attorneys' fees, and expenses from any claim
<br />n or action;
<br />(ii) from third parties for bodily injury or death or damage or loss to or of
<br />property, to the extent caused by or arising from the active and/or passive negligence or
<br />willful misconduct of Lessee, its employees, officers, agents or subcontractors; except to
<br />the extent caused by or arising out of the contributing or concurrent willful or negligent
<br />acts or omissions of one or more Lessor,IndemniteeS, and/or
<br />` (iii) arising out of the Federal Comprehensive Environmental Response,
<br />Compensation and Liability Act, the Resource Conservation and Recovery Act, Clean Air
<br />r^ Act, or Clean Water Act, or other Federal, State, or local regulation enacted to protect
<br />human health or the environment but only to the extent arising from the acts or omissions
<br />of the indemnifying Party, whether or not intentional or negligent, and not to the extent
<br />arising out of or caused by the contributing or concurrent intentional or negligent acts or
<br />omissions of one or more Lessor Indemnitees.
<br />n B. Lessor shall, at its expense, defend, indemnify and hold harmless
<br />Lessee and its employees, officers, directors, contractors, representatives and agents
<br />(the "Lessee Indemnitees") from and against any losses, liabilities, damages, penalties,
<br />r, costs, fees, including without limitation reasonable attorneys' fees, and expenses from
<br />any claim or action
<br />(i) from third parties for bodily injury or death or damage or loss to or of
<br />property, to the extent caused by or arising from the active and/or passive negligence or
<br />willful misconduct of Lessor, its employees, officers, agents or subcontractors; except to
<br />the extent caused by or arising out of the contributing or concurrent willful or negligent
<br />acts or omissions of one or more Lessee Indemnitees, or
<br />(ii) arising out of the Federal Comprehensive Environmental Response,
<br />Compensation and Liability Act, the Resource Conservation and Recovery Act, Clean Air
<br />Act, or Clean Water Act, or other Federal, State, or local regulation enacted to protect
<br />r human health or the environment but only to the extent arising from the acts or omissions
<br />of the indemnifying Party, whether or not intentional or negligent, and not to the extent
<br />Site Lease Agreement 8
<br />LFG to Energy
<br />Foothill Sanitary Landfill
<br />SW -1013035-R7
<br />
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