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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />13. Condemnation. If the Property, or any portion thereof, is condemned
<br />under the power of eminent domain, or determined necessary for public utility
<br />purposes, Grantee and Grantor shall be entitled to compensation in accordance
<br />with applicable law to the extent and in the proportion that the rights of each party
<br />are affected by any such act of condemnation.
<br />14. Environmental Warranty and Indemnification. Grantor shall not take
<br />any action to cause the Property to fail to be in compliance with applicable
<br />Environmental Laws. Moreover Grantor hereby indemnifies and agrees to save,
<br />defend and hold harmless, to the extent allowed by law, Grantee from and against
<br />any and all liabihties, claims, demands, losses, expenses, damages, fines, fees,
<br />penalties, suits, proceedings, actions, costs and other liabilities (whether legal or
<br />equitable in nature including, without limitations, attorney's fees and costs)
<br />claimed or asserted by or on behalf of any person or governmental authority
<br />arising from or connected with the release or threatened release by Grantor of any
<br />Hazardous Materials on, at, beneath, or from the Property, or arising from or
<br />connected with a violation by Grantor (or Grantor's agents, employees, invitees or
<br />guests) of Environmental Laws. Provided, however, in the event that Grantee is
<br />named or joined as a party in a suit or proceeding alleging a violation of
<br />Environmental Laws (or a violation by Grantor's agents, employees, invitees or
<br />guests), Grantee shall give Grantor timely notice of such suit or proceeding.
<br />Upon receipt of such notice, Grantor shall tender a defense of Grantee in such
<br />action or proceeding. Grantee shall have the right to reasonably approve
<br />Grantor's selection of counsel for such defense. So long as Grantor tenders and
<br />maintains such defense on behalf of Grantee, the indemnity provisions of this
<br />Paragraph shall not extend to attorney's fees and costs incurred or paid by
<br />Grantee m defense of such suit or proceeding if such fees and costs are
<br />independent of the defense tendered by Grantor.
<br />The term "Environmental Law" shall mean all federal, state and local laws
<br />including statutes, regulations, ordinances, codes, rules and other governmental
<br />restrictions and requirements regulating or imposing standards of conduct
<br />(including common law) concerning air, water, solid waste, hazardous materials,
<br />worker and community right to know, hazard communication, noise, radioactive
<br />materials, resource protection, subdivision, inland wetlands and water courses,
<br />health protection and similar environmental health, safety, building and land use
<br />as may now or at any time hereafter be in effect including, but not limited to, as
<br />amended, the Federal Solid Waste Disposal Act ("SWDA") the Federal Clean
<br />Air Act (` CAA"), the Federal Clean Water Act ("CWA"), the Federal Resource
<br />Conservation and Recovery Act of 1976 ("RCRA"), the Federal Comprehensive
<br />Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"),
<br />the Federal Superfund Amendments and Reauthorization Act of 1986 ("SARA"),
<br />the Federal Emergency Planning and Community Right -To -Know Act
<br />("EPCRA' ), the Federal Insecticide, Fungicide and Rodenticide Act (`FIFRA"),
<br />the Toxic Substances Control Act ("TSCA"), Chapters 161, 253, 373, 376, and
<br />403, Florida Statutes, and the rules and regulations of the (i) United States
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