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from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage,
<br />or disposal of any Hazardous Material on, under, in, or about, or the transportation of any such
<br />materials to or from, the Premises, or (ii) the violation, or alleged violation, of any statute,
<br />ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation,
<br />release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or
<br />about, to or from, the Premises. This indemnity shall include, without 'limitation, any damage,
<br />liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action,
<br />suit or proceeding for personal injury (including sickness, disease or death, tangible or intangible
<br />property damage, damage to the natural resource or the environment, nuisance, pollution,
<br />contamination, leak, spill, release, or other adverse effect on the environment. This indemnity
<br />extends only to acts or ornissions of Tenant - Seller herein.
<br />23. ATTORNEYS' FEES. If legal action is required in order to construe or enforce any
<br />provision of this Agreement, the party prevailing in such action shall be entitled, in addition to
<br />such other relief as may be granted, to a reasonable stun as its attorneys' fees and costs.
<br />24. COUNTERPARTS. This Agreement may be executed in counterparts and when so
<br />executed by both parties, each counterpart will constitute an original document.
<br />25. BINDING EFFECT. The terms, conditions, covenants and agreements set forth herein
<br />shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties
<br />hereto.
<br />26. ENTIRE AGREEMENT. This Agreement contains the entire agreement between both
<br />parties; neither party relies upon any warranty or representation not contained in this Agreement.
<br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
<br />year set forth hereinabove.
<br />REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
<br />SIGNATURE PAGE FOLLOWS.
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