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<br />Lease Term, in whole or in part, directly or indirectly, by the presence or
<br />discharge in, on, under or about the Premises by Lessee, Lessee's agents,
<br />employees, Lessees or invitees or at Lessee's direction, of Hazardous Material,
<br />or by Lessee's failure to comply with any Hazardous Materials Law, whether
<br />knowingly or by strict liability. Lessee's indemnification obligations shall include,
<br />without limitation, and whether foreseeable or unforeseeable, all costs of any
<br />required or necessary Hazardous Materials management plan, investigation,
<br />repairs, cleanup, or detoxification or decontamination of the Premises or Project,
<br />and the presence and implementation of any closure, remedial action or other
<br />required plans, and shall survive the expiration of or early termination of the
<br />Lease Term. For purposes of the indemnity provided herein, any acts or
<br />omissions of Lessee or its employees, agents, customers, subLessep.s,
<br />assignees, contractors or subcontractors of Lessee (whether or not they are
<br />negligent, intentional, willful or unlawful) shall be strictly attributable to Lessee.
<br />
<br />23. LESSEE'S BROKER COMMISSION
<br />23.1 In the event a Lease is executed between Lessor and Lessee as to the
<br />Premises, Lessor is not responsible for payment of any commission to any
<br />person. Any payment of a commission is the sole responsibility of Lessee.
<br />
<br />24. RELOCATION
<br />24.1 Lessee understands and acknowledges that, as an occupant, this Agreement or
<br />any future Lease agreement creates no rights under federal, state or local law to
<br />receive relocation benefits or any advisory assistance upon termination of any
<br />current or future Lease agreement. Lessee hereby waives and reLeases the
<br />Lessor from any claims for relocation benefits or assistance upon termination of
<br />any current or future Lease agreement under federal, state, or local relocation
<br />law.
<br />
<br />25. INDEMNIFICATION
<br />25.1 Lessee shall protect, defend, indemnify and hold harmless the Lessor and the
<br />City of Redwood City, their respective governing bodies, members, officers,
<br />employees, volunteers, contractors and agents from any and all actions, causes
<br />of action, claims, losses, expenses (including reasonable attorney's fees and
<br />costs), or liability or claims for damages on account of damage of property or
<br />injury to or death of persons, including Lessee or Lessee's employees, patrons,
<br />agents, customers, business invitees and/or any other persons, or damage to
<br />property of any kind whatsoever and to whomsoever belonging, including Lessee
<br />or Lessee's employees and patrons, agents, customers, business invitees and/or
<br />any other persons, from any cause resulting from the operations of, construction
<br />by Lessee, and/or use of any Agency area by Lessee or Lessee's employees,
<br />patrons, agents, customers, business invitees and/or any other persons, except
<br />where caused by Lessor's active negligence, sole negligence or willful
<br />misconduct.
<br />
<br />26. DUTY TO REPAIR OR RECONSTRUCT THE PREMISES
<br />26.1 In the event of a casualty such as fire, flood or earthquake, Lessor shall be under
<br />no obligation to repair or reconstruct the Lease Area or the improvements to the
<br />Lease Area. Landlord shall not be responsible for any loss, damage, or
<br />destruction to Tenant's personal property, trade fixtures, merchandise, inventory
<br />or equipment.
<br />
<br />ATTY/AGR/2010.012
<br />022610
<br />
<br />~nitialS
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