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referred to as “Hazardous Substance”), and/or is subject to regulation by any federal, state or local
<br />law, regulation, statute, ordinance or management plan. With respect to any such Hazardous
<br />Substance, LESSEE shall comply promptly, timely, and completely with all governmental
<br />requirements for reporting, keeping, using, storing, selling, or disposing of said hazardous
<br />substances.
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<br />9.2 Cleanup Costs, Default and Indemnification.
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<br />LESSEE shall be fully and completely liable to LESSOR for any and all cleanup costs, and
<br />any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority
<br />with respect to LESSEE’s use, handling, disposal, transportation, generation and/or sale of
<br />Hazardous Substances, in or about the Premises, Common Areas, or Property. LESSEE shall
<br />indemnify, defend and save LESSOR harmless from any and all of the costs, fees, penalties and
<br />charges assessed against, incurred by or imposed upon LESSOR (as well as LESSOR’s attorneys’
<br />and consultants’ fees and costs) as a result of LESSEE’s use, handling, disposal, transportation,
<br />generation and/or sale of Hazardous Substances. Upon LESSEE’s default under this Section, in
<br />addition to the rights and remedies set forth elsewhere in this Lease, LESSOR shall be entitled to the
<br />following rights and remedies: i) at LESSOR’s option, to terminate this Lease immediately; and ii)
<br />to recover any and all damages associated with the default, including, but not limited to cleanup costs
<br />and charges, civil and criminal penalties and fees, loss of business and sales by LESSOR and other
<br />LESSEEs of the Premises, any and all damages and claims asserted by third parties and LESSOR’s
<br />attorneys’ and consultants’ fees and costs.
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<br />9.3 Firefighting Agent
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<br />Per- and Polyfluoroalkyl (PFAS) substances used in Aqueous Film Forming Foams
<br />(AFFF) are not commonly used in wildland firefighting. In the event LESSEE uses or
<br />authorizes to be used, PFAS, LESSEE shall be responsible for cleanup of any PFAS used
<br />by firefighting support contracted with the LESSEE.
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<br />9.4 Survival.
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<br />The provisions of this Section shall survive the expiration or earlier termination of this Lease.
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<br />10. INDEMNITY AND INSURANCE:
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<br />10.1 Indemnity by LESSEE:
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<br />Subject to the provisions of Section 10.4 below, LESSEE will save and hold LESSOR
<br />harmless from and against all loss, damage, liability or expense, including reasonable attorneys’
<br />fees, resulting from, claimed by or against or incurred by LESSOR or arising from any injury to
<br />any person or loss of or damage to any property caused by or resulting from any negligent act or
<br />omission or willful misconduct of LESSEE or LESSEE’s Associates in, on or about the
<br />PREMISES or AIRPORT or arising from or incurred by reason of any breach or default in the
<br />performance of any obligation on LESSEE’s part to be performed under the terms of this LEASE
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