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<br /> Revised June IS, 200
<br /> rCWme")may be asserted against or incurred.by Owner or for which Owner may be
<br /> Itable in the performanre of this Agreement, except those Claims which M
<br /> se from
<br /> the ce willful rmsconduct,or other fault of Owner, T-Mobile shall defend
<br /> all claims to the extent caused b its installation operation, t", alnt= repair,
<br /> .t nt and
<br /> rer�oal�
<br /> or presence o '-Mobile' Communications Facilities, uipme
<br /> related facilities on the Leased pr r, ses*
<br /> (b) Hazardous
<br /> Mater"als. Without limiting the scope of 11 a above,T-Mobile Will b
<br /> solely responsible for and will defend,indemnify, and hold Owner,its agents, and
<br /> employees bannIess from and against,any and all calms,
<br /> costs and liabilities,
<br /> i arising or in connection�#, .the cleanup or
<br /> including attorney�s fees and costs,a ising out�
<br /> restoration o '
<br /> the Leased Premises resulting from T-Mobile"s use of Hazardous
<br /> Materials. For the purposes of this Agreement,"'Hazardous Mate a1s"shall be
<br /> interpreted broadly and specifically includes,without limitation, asbestos,fuel,
<br /> batteries` or any hazardous substance,waste,or materials s deemed in any federal,
<br /> state,or
<br /> 1=�J enviro=ental or safeV law or regulations including,but not limited to,
<br /> CC .
<br /> Hazardous Materials.Owner represents that der has no knowledge of any
<br /> Hazardous Materials on the Leased Premises,EXCEPT as identified in that Limited
<br /> �
<br /> Phase 11 Subsurface Site Assessment for Alpine Park,dated April 18,2008 and
<br /> prepared by Pinnacle Eng'm' -eering, Inc,located at 11541 95hAve N. Maple Grow,
<br /> . der agrees to defend, denam"fy aril hold harmless T-Mobile and its
<br /> officers,employees,contractors,agents,and represent es, from and against any
<br /> and all claims costs, losses, expenses,demands,actions,o causes o action,
<br /> ` aso able attor ae s'f ees and other costs and expenses of litigation,which
<br /> mcdg may be asserted against or incurred by T-Mobile as a result o (i)Owner's breach o
<br /> the representation tation herein,and/or i1 those damages or bodily M' Juries, 'Including
<br /> dead,
<br /> resultin.g from the existence,discovery or release of Hazardous Materials on
<br /> the
<br /> Leased Premises caused by Owner, ,prior to and during the Initial germ and are
<br /> Renewal Teri.othis Lease,except those,which arise from. -Mobile's negligence or
<br /> willful Misconduct
<br /> (c) -Mobiles Wary . T-Mobile represents and warrants that its use the Leased
<br /> ,�Premise
<br /> ' s will not generate and T-Mobil,will not store or dispose of on the 1 aced
<br /> prenu"ses,nor tmw ort to or over the propel,any Hazardous Mated,.s in violation
<br /> applicable lam unless T-Mobile specifically�onns owner thereof in meting 2
<br /> old �
<br /> ours prior to such storage,disposal or transport or other ��se s soon.as T-Mob
<br /> ile
<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 temination o
<br /> this AgreLnnent.
<br /> 13.INSURANCE.
<br /> (a)
<br /> Work ation. T-M b11e rust maintain Workers' Couipensationinstraum
<br /> *de Employer's
<br /> m cow lianee with all applicable statutes. The policy shall also prove
<br /> � Bodily each
<br /> Liability coverage-with limits of not less� 5 J�
<br /> 4
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