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"Hazardous Substance" means (i) hazardous materials, hazardous wastes, and hazardous
<br />substances as those terms are defined under any Environmental Laws; (ii) petroleum, petroleum
<br />products, and by-products, including crude oil and any fractions thereof; (iii) natural gas, natural
<br />gas liquids, liquefied natural gas, synthetic gas, and any mixtures thereof; (iv) asbestos or any
<br />material that contains any hydrated magnesium silicate minerals that crystallize as bundles
<br />of long, thin fibers that readily separate when broken or crushed; (vi) radon; (vii) any
<br />other hazardous or radioactive substance, material, contaminant, pollutant, or waste;
<br />(viii) any substance with respect to which any federal, state, or local Environmental Law or
<br />governmental agency requires environmental investigation, monitoring, or remediation; and
<br />(vix) any other substance or material now or in the future deemed to be hazardous,
<br />dangerous, toxic, or a pollutant or contaminant under any Environmental Laws.
<br />15.2 Prohibition. Tenant and its contractors shall comply with all
<br />Environmental Laws, including but not limited to those governing the release, use,
<br />storage, generation, treatment, transportation, disposal, or handling of Hazardous
<br />Substances. Tenant and its contractors shall not release, install, use, generate, store, locate,
<br />produce, process, treat, transport, incorporate, discharge, emit, deposit, or dispose of
<br />Hazardous Substances, other than those commonly used in transit operations in, upon,
<br />under, over or from the Property without first obtaining the Landlord's written approval.
<br />Landlord and its contractors shall comply with all Environmental Laws,
<br />including but not limited to those governing the release, use, storage, generation,
<br />treatment, transportation, disposal, or handling of Hazardous Substances with respect it
<br />its use of the Property.
<br />15.3 Indemnity. Subject to liability limits contained in Minn. Stat. chapter 466, as
<br />amended, Tenant or its contractor shall indemnify, defend and hold harmless Landlord, its agents
<br />and employees from and against any claim, damage or expense arising out of Tenant, its
<br />contractors, subtenants, assignees, agents or employees breach of the obligations and covenants
<br />established in Section 15.2. The Landlord's right to indemnity shall not be considered a waiver
<br />of the limitations, defenses, and immunities available to the Tenant under state law.
<br />Subject to liability limits contained in Minn. Stat. chapter 466, as amended, Landlord or
<br />its contractor shall indemnify, defend and hold harmless Tenant, its agents and employees from
<br />and against any claim, damage or expense arising out of Landlord, its contractors, subtenants,
<br />assignees, agents and employees breach of the obligations and covenants established in Section
<br />15.2. The Tenant's right to indemnity shall not be considered a waiver of the limitations,
<br />defenses, and immunities available to the Landlord under state law.
<br />15.4 Landlord's Representation. Landlord represents and warrants that, except as set
<br />forth in the Phase I Environmental Site Assessment dated July 22, 2005, as prepared by
<br />Braun Inertee Corporation, and the Phase 11 Environmental Site Assessment dated April
<br />2007, as prepared by Short Elliot Henderson, Inc. (SHE), Landlord is unaware of any Hazardous
<br />Substances upon or within the Property. Landlord makes no other representation as to pre-
<br />existing hazardous substances and shall assume no responsibility for hazardous substances on
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