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<br />(b) In addition to the rules restrictions set forth in this Agreement, <br /> <br />Lessee shall not cause or permit any Hazardous Materials as defined herein to be <br /> <br />permanently stored, used or disposed of, on or in the Leased Premises by Lessee, it's <br /> <br />agents, employees, contractors or invitees, in violation of any law rule or regulation <br /> <br />without first having obtained Lessor's prior written consent. Lessee shall indemnify and <br /> <br />hold Lessor harmless from any and all claims, damages, fines, judgments, penalties, costs <br /> <br />(including reasonable attorney's fees), liabilities or losses (including without limitation, a <br /> <br />decrease in value of the Leased Premises, Property, and adjacent real property or <br /> <br />damages due to adverse impact on marketing of the Leased Premises), and any and all <br /> <br />sums paid for settlement of claims, attorney's fees, consultant and experts' fees arising <br /> <br />during or after the term of this Lease to the extent caused by a Hazardous Discharge or <br /> <br />Contamination by T-Mobile or its employees, agents, or designated representatives. For <br /> <br />purposes of this Agreement, the following terms shall have the meanings set forth below: <br /> <br />(c) "Hazardous Materials" shall mean any toxic or hazardous wastes, <br /> <br />pollutants, materials or substances, including, without limitation, asbestos, PCB's, <br /> <br />petroleum products, radioactive substances or their by-products, other substances defined <br /> <br />or listed as "hazardous substances", "hazardous materials", "hazardous wastes" or "toxic <br /> <br />substances in or pursuant to the Comprehensive Environmental Response, Compensation <br /> <br />and Liability Act of 1980, 42 D.S.C. Sections 9601, et seq., ("CERCLA")~ the Hazardous <br /> <br />Materials Transportation Act, 49 USC Sections 1802~ et seq.; the Resource Conservation <br /> <br />and Recovery Act, 42 D.S.C. **6901 et seq.~ the Toxic Substance Control Act of 1976, <br /> <br />15 D.S.C. ~~2601 et seq.; any "toxic pollutant" under the Clean Water Act, 33 V.S.C. <br /> <br />SS1251 et seq.; any hazardous air pollutant under the Clean Air Act, 42 D.S.C. SS7901 et <br /> <br />ATTY/AGRf2008.044 Lease Agreement T.Mobile <br />121908 <br /> <br />26 <br />