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by, or notifications from, any third Person against or otherwise regarding Landlord, Tenants or
<br /> any Other Party or the Demised Property relating in any way whatsoever to Hazardous Materials
<br /> or Environmental Conditions (the matters set forth in clauses (a) and (b) are hereinafter referred
<br /> to as "Environmental Claims"); (c) Tenants' knowledge of any material Release of Hazardous
<br /> Materials at, on, in, under to or from the Demised Property or on, in or under any adjoining
<br /> property. Tenants shall also supply to Landlord within three (3) Business Days after Tenants first
<br /> receives or sends the same, copies of all claims, reports, complaints, notices, warnings, asserted
<br /> violations or other communications relating in any way to the matters described in this Section.
<br /> Section 29.05 In addition to any other obligations herein, Tenants shall be solely
<br /> responsible for and shall indemnify, protect, defend, release and hold harmless all Landlord
<br /> Parties from and against any and all Losses directly or indirectly arising out of or associated in
<br /> any manner whatsoever with Tenants' Use of or the presence of Hazardous Materials or the
<br /> Release of Hazardous Materials at, on, under, about or to or from the Demised Property.
<br /> Tenants' indemnity and release includes: (a) the costs associated with Remedial Activities,
<br /> including all necessary plans and reports, required by, or otherwise delivered to the U.S.
<br /> Environmental Protection Agency, or any other federal, state or local governmental agency or
<br /> entity or by any other Person, incurred pursuant to the CERCLA, RCRA, or any other applicable
<br /> Environmental Laws; (b) 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, or any other applicable Environmental Laws or
<br /> otherwise; (c) any liability to third parties arising out of the presence or Release of Hazardous
<br /> Materials, including liability for personal injury, bodily injury, or property damage arising under
<br /> any statutory or common law theory, including damages assessed for the maintenance of a public
<br /> or private nuisance, the costs of Remedial Activities, or for the carrying on of an abnormally
<br /> dangerous activity; (d) 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; (e) any and all reasonable costs, fees and
<br /> expenses of attorneys, consultants and experts incurred or sustained in making any investigation
<br /> on account of any claim, in prosecuting or defending any action brought in connection therewith,
<br /> in obtaining or seeking to obtain a release therefrom, or in enforcing any of the agreements
<br /> herein contained; (f) Rent during any period of Remedial Activities equal to the Base Rent then
<br /> in effect, or if this Lease has terminated, the Base Rent that was in effect on the Termination
<br /> Date; and (g) any action or omission or use of the Demised Property by any Other Party. The
<br /> foregoing indemnity shall apply to Tenants' or such Other Parties' Use of Hazardous Materials
<br /> irrespective of whether any of Tenants' or Other Parties' activities were, are or will be
<br /> undertaken in accordance with Environmental Laws or other applicable Laws. This indemnity is
<br /> intended to be operable under 42 U.S.C. 9607(e)(1). Tenants specifically agree that they shall not
<br /> sue or seek contribution from any Landlord Party in any matter relating to any Hazardous
<br /> Material liability. All costs and expenses paid or incurred by Landlord for which Tenants are
<br /> obligated to indemnify Landlord under this Section shall be paid promptly by Tenants to
<br /> Landlord. The foregoing indemnity is in addition to, and not in lieu of, any other indemnity
<br /> obligations of Tenants under this Lease, including Tenants' indemnity obligations under Section
<br /> 29.03 hereof.
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