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and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) ( "CERCLA "), as amended
<br />from time to time, and regulations promulgated thereunder; (iii) asbestos; (iv)
<br />polychlorinated biphenyls; (v) underground storage tanks, whether empty, filled or
<br />partially filled with any substance, (vi) any substance the presence of which on the
<br />property is prohibited by any applicable governmental requirements and regulations
<br />( "Governmental Requirements:); and (vii) any other substance which by any
<br />Governmental Requirements requires special handling or notification of any federal,
<br />state, or local governmental entity in its collection, storage, treatment, or disposal.
<br />(2) "Hazardous Materials Contamination" shall mean the contamination (whether
<br />presently existing or hereafter occurring) of any improvements, facilities, soil,
<br />groundwater, air or other elements on or of the Development by Hazardous Materials, or
<br />the contamination of the buildings, facilities, soil, groundwater, air, or other elements on
<br />or of any other property as a result of Hazardous Materials at any time (whether before or
<br />after the date of this Instrument) emanating from the Development.
<br />12. QUIET ENJOYMENT
<br />If Lessee is current and in compliance with all of its obligations under this Lease, Lessee
<br />shall be entitled to peaceful and quiet possession of the leased space, subject to all terms
<br />and conditions of this Lease.
<br />13. INDEMNIFICATION
<br />ITT agrees to and will indemnify, hold harmless and defend the City and its
<br />employees, agents, officers and servants from any and all lawsuits, claims, demands
<br />and causes of action, suits and regulatory actions of any kind or character arising
<br />out of or in connection with ITT's performance, acts, omissions, or failure to act
<br />under this Agreement. This will include, but not be limited to, the amounts of
<br />judgments, penalties, investigations, settlements, fines, forfeitures, interest, court
<br />costs, reasonable legal fees and expert witness fees, and all other expenses incurred
<br />by the City arising in favor of any party, including the amounts of any damages or
<br />awards resulting from claims demands and causes of action for personal injuries,
<br />death or damages to property alleged or actual infringement of patents, copyrights,
<br />and trademarks and without limitation by enumeration, all other claims, demands,
<br />or causes of action of every character occurring, resulting, or arising from or
<br />related to ITT's activities or performance under this Agreement. This obligation
<br />extends to contamination of or adverse effects on the environment after the Effective
<br />Date of this Agreement, and any violation or alleged violation of applicable law.
<br />This obligation by ITT will not be limited because of the specification of any
<br />particular insurance coverage in this Agreement.
<br />G9
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