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of Hazardous Materials onto, on, about, under or from the Demised Property, the exception being
<br /> sewer or other permitted discharges or Releases or other De Minimis Amounts, in full
<br /> compliance with all Environmental Laws and any other applicable Laws. Tenants covenants to,
<br /> and shall, undertake all Remedial Activities necessary to comply with Environmental Laws and
<br /> to address any Use or Release of Hazardous Materials by Tenants or its agents, employees,
<br /> representatives, invitees, licensees, subtenants, customers or contractors (each an "Other Party"
<br /> and collectively, "Other Parties"), or otherwise adversely affecting the Demised Property, at
<br /> Tenants' sole cost and expense, and shall give immediate written notice of same to Landlord,
<br /> including the abatement of any mold or fungi that constitute Hazardous Materials even if no
<br /> applicable Environmental Laws or other Laws compel such abatement. If any Remedial
<br /> Activities are required to be performed at any location other than the Demised Property, Tenants
<br /> shall use their best efforts to obtain any required access agreements from third parties; provided,
<br /> however, that Tenants' inability to obtain any such access agreement shall not relieve Tenants of
<br /> their obligation to perform the Remedial Activities which are the subject of such access
<br /> agreement. Tenants, at Tenants' sole cost and expense, shall develop the schedule, technique,
<br /> method, and design of any remedial action plan in connection with any Remedial Activities,
<br /> which shall be subject to Landlord's approval (not to be unreasonably withheld, conditioned or
<br /> delayed) and to Agency (as hereinafter defined) requirements and approvals (any such approved
<br /> plan is referred to herein as an "Approved Corrective Action Plan"). Any and all Remedial
<br /> Activities shall be conducted in accordance with an Approved Corrective Action Plan. Tenants
<br /> may contest and appeal any Agency decision or directive, provided such contest or appeal does
<br /> not delay Tenants' performance of any Remedial Activities, results in the issuance of a clean-up
<br /> or similar order or expose Landlord to any liability. In connection with carrying out any
<br /> Remedial Activities, Tenants shall secure the issuance by the Agency of a "no further action" or
<br /> equivalent letter or instrument, as appropriate to the circumstances.
<br /> Section 29.03 In addition to any other obligation herein, Tenants shall indemnify, defend,
<br /> protect and hold the Landlord Parties free and harmless from and against any and all Losses and
<br /> other obligations of any kind whatsoever that may be made against or incurred by the Landlord
<br /> Parties in connection with any of the following: (a) the violation of any Environmental Law or
<br /> (b) Hazardous Materials or Environmental Conditions at, on, under, about or from the Demised
<br /> Property caused by or contributed by Tenants or any Other Party, whether or not the same
<br /> constitute a violation of any Environmental Law, including any and all costs and fees of
<br /> attorneys or experts incurred by Landlord in defending against same. This and any other right of
<br /> Landlord under this Lease shall inure to the benefit of Landlord's successors and assigns, as well
<br /> as Landlord's Lenders and Landlord's Mortgagees, and their respective successors and assigns as
<br /> third party beneficiaries. The foregoing indemnity is in addition to, and not in lieu of, any other
<br /> indemnity obligations of Tenants under this Lease, including Tenants' indemnity obligations
<br /> under Section 29.05 hereof.
<br /> Section 29.04 Tenants shall promptly inform Landlord in writing of (a) any and all
<br /> notices, enforcement actions or other governmental or regulatory actions (excluding routine
<br /> actions such as permit renewals) instituted, completed or threatened pursuant to any
<br /> Environmental Laws affecting the Demised Property; (b) any and all claims made or threatened
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