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<br />Revised June 18, 2008
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<br />("Claims")may be asserted against or incurred by O\Vl1er or for which O\Vl1er may be
<br />liable inthe performance of this Agreement, except those Claims which arise from
<br />the negligence, willful misconduct, or other fault of Owner. T-Mobile shall defend
<br />all claims to the extent caused by its installation, operation, use, maintenance, repair,
<br />removal, or presence ofT..Mobile'sCommunications Facilities, equipment and
<br />related facilities on the Leased Premises.
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<br />(b) Hazardous Materials. Without limiting the scope of 11(a) above, T-Mobilewill be
<br />solely responsible for and will defend, indemnify, and hold Owner, its agents, and
<br />employees harmless from and against any and all claims, costs, and liabilities,
<br />including attorney's fees and costs, arising out of or in connection withthe cleanup or
<br />restoration of the Leased Premises resulting fromT-Mobile's use.ofHazardous
<br />Materials. For the purposes of this Agreement,"Hazardous Materials" shall be
<br />interpreted broadly and specifically includes, without limitation, asbestos, fuel,
<br />batteries or any hazardous substance, waste, or materials as defined in any federal,
<br />state, or local environmental or safety law or regulations including, but not limited to,
<br />CERCLA.
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<br />Hazardous Materials. O\Vl1er represents that Owner has no knowledge of any
<br />Hazardous Materials on the Leased Premises, EXCEPT as identified in that Limited
<br />Phase II Subsurface Site Assessment for Alpine Park, dated April 18, 2008 and
<br />prepared by Pinnacle Engineering, Inc, located at 11541 95th Ave N. Maple Grove,
<br />MN 55369. O\Vl1er agrees to defend, indemnify and hold harmless T-Mobile and its
<br />officers, employees, contractors, agents, and representatives, from and against any
<br />and all claims, costs, losses, expenses, demands, actions, .or causes of action,
<br />including reasonable attorneys' fees and other costs and expenses of litigation, which
<br />may be asserted against or incurred by T -Mobile as a result of (i) Owner's breach of
<br />the representation herein, and/or (ii) those damages or bodily injuries, including
<br />. death, resulting from the existence, discovery or release of Hazardous Materials on
<br />the Leased Premises caused by Owner, ,prior to and during the Initial Term and any
<br />Renewal Term of this Lease, except those, which arise from T-Mobile's negligel)ce or
<br />willful misconduct.
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<br />(c) T-Mobile's Warranty. T-Mobile represents and warrants that its use of the Leased
<br />Premises will not generate and T-Mobile will not store or dispose of on the Leased
<br />Premises, nor transport to or over the Property, any Hazardous Materials in violation
<br />of applicable law, unless T-Mobile specifically informs Owner thereof in writing 72
<br />hours prior tosuch storage, disposal or transport, or otherwise as soon as T-Mobile
<br />becomes aware of the existence of Hazardous Materials on the Leased Premises. The
<br />obligations of this paragraph 12 shall survive the expiration or other termination of
<br />this Agreement. '
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<br />13. INSURANCE.
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<br />(a) Workers' Compensation. T-Mobile must maintain Workers' Compensation insurance
<br />incompliance with all applicable statutes. .The policy shall also provide Employer's
<br />Liability coverage with limits of not less than $500,000.00 Bodily Injury each
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<br />-261-
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