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6.1 C
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<br /> Premises and any o#her property of whate�er nature to their condition exisfing
<br /> prior to �he appearance of the Hazardous Materiafs. The #esting shall be at
<br /> Lessee's expense if Lessor has a reasonable basis for suspecting and confirms
<br /> the presence of Hazardous Materials in #he soil or surface or groundwater in, on,
<br /> under, or ab�u# the Prem�ses, which has b�en caused by or resulted fram the
<br /> activities of Lessee, its agents, emplvyees, contractors or invitees.
<br /> 21.5 Hazardous Materials lndemnity. Lessee shal[ indemnify, defend (by counsel
<br /> ' reasonably acceptable to Lessor�, protect and hold Lessor harmless frvm and
<br /> against any and ali claims, Eiabilities, penalt�es, fo�feitures, losses andlor
<br /> expenses, inc�udi�g, without limitation, diminution in value of the Premises or
<br /> Project, damages for the loss or restriction on use of the rentable or usable
<br /> s�ace or o� any amenity of the Premises or Pro;ec#, darnages arising fro�t any
<br /> adverse impact or marketing of the Premises or Projec# and sums p�id in
<br /> settlement of claims, response costs, cleanup costs, site assessment costs,
<br /> attorneys' fees, consultanf and expert fees, judgments, administrative rulings or
<br /> orders, fnes, costs of death of or injury to any person or damage to any property
<br /> whatsoever {including, without limitation, groundwater, sewer systems and
<br /> atrnosphere}, arising from, or caused or resufting, either pr�or to or during the
<br /> �ease Term, in who�e or in par�, direcfiiy or indirectfy, by the presence or
<br /> discharge in, on, under or about the Premises by Lessee, Lessee's agents,
<br /> employees, licensees or invitees or at Lessee's direction, of Hazardous Material,
<br /> or by Lessee's failure to comp{y with any Nazardous Materials Law, whether
<br /> knowingly or by strict liability. �essee's indemnification obligations shall include,
<br /> wi#hout limita#ion, and whether fvreseeable or unforeseeable, all costs of any
<br /> required or necessary Ha�ardous Materials management plan, investigation,
<br /> repairs, cleanup, or de�oxificat�on or decontamination of the Premises ar Project,
<br /> and the presence and implementafion of any closure, remedial action or other
<br /> required plans, and shall survive the expiration of or earfy termination of �he
<br /> Lease Term. For purposes of the indemnity provided herein, any acts or
<br /> omissi�ns of Lessee or its employees, agents, cus#omers, sublessees,
<br /> assignees, contractors or subcontractors of Lessee twhe#her or not they are
<br /> negligent, intentional, willful or unlawfu�} shall be str�ctly attributab[e to Lessee.
<br /> �
<br /> 22. LESSEE'S BRQKER C�MMISSl�N
<br /> 22.'i !n the even� a lease is executed between Lessor and Lessee as to the Premises,
<br /> Lessar is not responsible for payment of any commission to any person. Any
<br /> paymen�of a commission is the sole responsibility of Lessee.
<br /> 23. REL�CAT��N
<br /> 23.1 Lessee undersfands and acknow[edges that, as an occupant, this Agreemen# or
<br /> any future lease agreement creates no rights under federal, state or loca! law to
<br /> rece�ve relocation benefi�s or any advisory assistance upon termination of any
<br /> current or future lease agreement. Lessee hereby waives and releases the
<br /> �essor from any claims for relocation benefits or assistance upon termination of
<br /> any current or future lease agreement under federal, state, or focal relocation
<br /> law.
<br /> 24. INQEMNIFIGATI�N
<br /> 24.1 Lessee shall pro�ect, defend, indemnify and hoid harmfess the Lessor and the
<br /> City of Redwood City, their respective governing bQdies, members, officers,
<br /> ATTY/AGR/2009.Q24 _ Initials P�ge 14
<br /> fl61 fi09
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