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<br /> contest inood faith and with reasonable diligence the validity of any such lien or claimed
<br /> lien. g s.
<br /> 15. INSURANCE REQUIREMENT. Lessee shall maintain insurance coverage s
<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 /> (i) from and against any losses, liabilities, damages, penalties, costs,
<br /> fees, including without limitation reasonable attorneys' fees, and expenses from any claim
<br /> or action;
<br /> (ii) from third parties for bodily injury or death or damage or loss to or of a
<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 /> 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 /> 1
<br /> 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, l
<br /> 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 /> the Resource Conservation and Recovery I
<br /> Compensation and Liability Act, ry Act, Clean Air
<br /> 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 /> Site Lease Agreement 8
<br /> LFG to Energy
<br /> Foothill Sanitary Landfill g
<br /> SW-108035-R7
<br />
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