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and tear excepted. It is understood and agreed that LESSEE'S ability to use the Premises is
<br /> contingent upon its obtaining after the execution date of this Agreement all of the certificates,
<br /> permits and other approvals (collectively the "Governmental Approvals") that may be required
<br /> by any Federal, State or Local authorities as well as satisfactory soil boring tests which will
<br /> permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE
<br /> in its effort to obtain such approvals and shall take no action which would adversely affect the
<br /> status of the Property with respect to the proposed use by LESSEE. LESSEE, upon LESSOR' s
<br /> reasonable request from time to time, will provide LESSOR with current copies of its
<br /> Governmental Approvals relating to its use of the Premises. In the event that any of such
<br /> applications for such Governmental Approvals should be finally rejected or any Governmental
<br /> Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated
<br /> by governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE in
<br /> its sole discretion will be unable to use the Premises for its intended purposes or the LESSEE
<br /> determines that the Premises is no longer technically compatible for its intended use, LESSEE
<br /> shall have the right to terminate this Agreement. Notice of the LESSEE'S exercise of its right to
<br /> terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and
<br /> shall be effective upon the mailing of such notice by the LESSEE. All rentals paid to said
<br /> termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall
<br /> become null and void and all the Parties shall have no further obligations including the payment
<br /> of money, to each ether.
<br /> g. INDEMNIFICATION. In consideration of the sum of Fifteen and 00/ 100
<br /> Dollars (515 .00)7 the receipt and sufficiency of which is acknowledged by LESSEE, LESSEE
<br /> shall indemnify, defend, and hold harmless LESSOR and its agents and employees from and
<br /> against all liabilities, claims, damages, losses, and expenses, including attorney's fees, arising out
<br /> of or resulting from LESSEE' S use of the Premises, provided that any such liability, claim ,
<br /> damage, loss, or expense: a) is attributable to bodily injury, sickness, disease or death, or to
<br /> injury to or destruction of tangible propeny, including the loss of use resulting therefrom; b) is
<br /> caused by any negligent act or intentional misconduct of LESSEE, its agents, employees and
<br /> contractors; and c) is not caused by the negligence or willful misconduct of LESSOR .
<br /> 9. INSURANCE,LESSOR and LESSEE hereby waive any and all rights of action
<br /> for negligence against the other which may hereafter arise on account of damage to the Premises
<br /> or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire
<br /> insurance policies with extended coverage, regardless of whether or not, or in what amounts,
<br /> such insurance is now or hereafter carried by the Parties, or either of them. During the term of
<br /> this Agreement. LESSOR shall procure, pay for, and maintain comprehensive general liability
<br /> and property liability insurance with liability limits of not less than $2,000,000 combined single
<br /> limit for injury to or death of one or more persons in any one occurrence and for damage or
<br /> destruction to property in any one occurrence. Further, during the term of this Agreement,
<br /> LESSEE shall procure, pay for, and maintain at least the following insurance coverages and
<br /> limits, evidenced by delivery to LESSOR of certificates of insurance executed by the insurers
<br /> listing coverages and limits , expiration dates and terms of policies , and listing all carriers issuing
<br /> said politics:
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