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ATTACHMENT A
<br />shall apply such proceeds, to the extent possible, for reconstruction or repair in a manner
<br />consistent with the provisions of Section 6.2.
<br /> 5.4 Indemnification
<br />
<br /> The Lessor will not be liable for any loss, injury, death, or damage to persons or property
<br />that at any time may be suffered or sustained by the Lessee or by any person who may at any
<br />time be using, occupying, visiting, or leasing the Project or the Land, or any portion thereof.
<br />whether such loss, injury, death, or damage shall be caused by or in any way result from or arise
<br />out of any act, omission, or negligence of the Lessee or of any occupant, tenant, visitor, or use of
<br />any portion of the Project or Land, or shall result from or be caused by any other matter or thing
<br />whether of the same kind as or of a different kind than the manners or things set forth. The
<br />Lessee shall Indemnify the Lessor against all claims, liability, loss, or damage whatsoever on
<br />account of any such loss, injury, death or damage. The Lessee waives all claims against the
<br />Lessor for damages to the Improvements that are not on or hereafter placed or built on the Land
<br />and to the property of the Lessee in, on, or about the Land. and for injuries to persons or property
<br />in or about the Land, from any cause arising at any time. The three preceding sentences will not
<br />apply to loss, injury, death, or damage arising by reason of a pre-existing condition or by reason
<br />of the negligence or misconduct of the Lessor, its agents, or employees.
<br />
<br />5.5 ]-laTarc~oll~ Material~ lnctemnific~tinn.
<br />
<br /> (a) Definitlnn of [-]a7Rr(l(~llq Material or [qRTarflOll~ ~nh~tance~. As used in
<br />this Section, Hazardous Materials or Hazardous Substances shall mean the following: hazardous
<br />substance, hazardous waste, infectious waste, or hazardous material as defined in any federal,
<br />state or local statute, ordinance, regulation, or rule applicable to the Land, including the
<br />Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
<br />Section 9601 et seq.) or Sections 25280 el seq., 25310 et seq, 25110 el ~eq, or 25500 el seq. of
<br />the California Health and Safety Code at such time: any other waste, substance or material
<br />designated or regula[ed in any way as "toxic" or "hazardous" in the Resource Conservation and
<br />Recovery Act (42 U.S.C. Section 6901 el ~eq.), Federal Water Pollution Control Act (33 U.S.C.
<br />Section 1251 el seq.), Safe Drinking Water Act (42 U.S.C. Section 300fei seq.), Toxic
<br />Substances Control Act (15 U.S.C. Section 2601 et seq ), Clean Air Act (42 U.S.C. Section 7401
<br />el seq.), California Health and Safety Code (Section 25100 el xeq.), or California Water Code
<br />(Section 13000 el ~eq ) at such time: and any additional wastes, substances or material which at
<br />such time are classified, considered or regulated as hazardous or toxic under any other present or
<br />future environmental or other similar laws relating to the Land, including asbestos, asbestos-
<br />containing materials, radon gas, oil or any fraction thereof of petroleum products, but excluding
<br />any substances or materials used in the construction, development, maintenance or operation of
<br />the Improvements. so long as the same are used in accordance with all applicable laws.
<br />
<br /> (b) Definition of Hayardon~ Materinl~ I aw: AS used in this Section,
<br />Hazardous Materials Law shall mean: All federal, state, and local laws, ordinances, regulations,
<br />orders and directives pertaining to Hazardous Materials in, on or under the Leased Premises or
<br />any portion thereof.
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<br />144\ 105\153233.13
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