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(b) Subject to the limits provided in section 768.28, Fla. Stat., and without limiting Paragraph 11,
<br />Owner and Lessee shall each indemnify, defend and hold the other harmless from and against all Losses
<br />(specifically including, without limitation, reasonable attorneys', engineers', consultants and experts' fees, costs
<br />and expenses) arising from, (i) any breach of any representation or warranty made in this Paragraph 12 by such
<br />party; and/or (ii) environmental conditions or noncompliance with any Environmental Law (as defined below)
<br />that result, in the case of Lessee, from operations in or about the Property by Lessee or Lessee's agents, employees,
<br />contractors or subcontractors, and in the case of Owner, from the ownership or control of, or operations in or
<br />about, the Property by Owner or Owner's predecessors in interest, and their respective agents, employees,
<br />contractors, subcontractors, lessees, guests or other parties. Lessee acknowledges that Owner is a municipal
<br />corporation, and that, to the extent applicable, it does not waive sovereign immunity, and the limits of liability
<br />thereunder, as well as limitations on indemnification, as set forth in Section 768.28, Florida Statute, and other
<br />applicable state laws. The provisions of this Paragraph 12 shall apply as of the Effective Date of this Agreement
<br />and survive termination of this Agreement.
<br />(C) "Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes),
<br />regulated substances, pollutants or contaminants or terms of similar import, as such terms are defined in any
<br />Environmental Law, and shall include, without limitation, any petroleum or petroleum products or by-products,
<br />flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any other
<br />substance or material which constitutes a threat to health, safety, property or the environment or which has been
<br />or is in the future determined by any governmental entity to be prohibited, limited or regulated by any
<br />Environmental Law.
<br />(d) "Environmental Law" means any and all present or future federal, state or local laws, rules,
<br />regulations, codes, ordinances, or by-laws, and any judicial or administrative interpretations thereof, including
<br />orders, decrees, judgments, rulings, directives or notices of violation, that create duties, obligations or liabilities
<br />with respect to: (i) human health; or (ii) environmental pollution, impairment or disruption, including, without
<br />limitation, laws governing the existence, use, storage, treatment, discharge, release, containment, transportation,
<br />generation, manufacture, refinement, handling, production, disposal, or management of any Hazardous Material,
<br />or otherwise regulating or providing for the protection of the environment.
<br />13. Taxes and Assessments. Lessee, its Assigns or Sublessees, shall pay on or before their respective due dates,
<br />to the appropriate collecting authority, any and all real estate taxes, ad valorem, sales, excise or personal property
<br />taxes, assessments and fees, which are now or may hereafter be levied or assessed against the Leased Premises or
<br />Lessee as a direct result of installation of the Lessee Facilities, (excluding any income tax, franchise or other
<br />similar corporate or partnership tax levied against Owner), and shall maintain in current status all federal, state,
<br />county and local licenses and permits, now or hereafter required for the operation of the business conducted by
<br />Lessee. Owner shall provide to Lessee reasonable documentation from the appropriate taxing authority that is
<br />necessary to demonstrate that the increase is due to Lessee's Improvements. Owner shall reasonably cooperate
<br />with Lessee in the protest of any such assessment. Lessee maintains the right, at its sole option and its sole cost
<br />and expense, to appeal, challenge or seek modification of any real estate tax assessment or billing for which Lessee
<br />is wholly or partly responsible for payment under this Agreement, to the appropriate governmental authority.
<br />Nothing in this Paragraph shall be construed as limiting either party's rights to contest, appeal or challenge any
<br />tax assessment.
<br />14. Insurance.
<br />(a) Lessee, at Lessee's sole cost and expense, shall procure and maintain commercial general liability
<br />("CGL") insurance covering bodily injury and property damage with a combined single limit of at least TWO
<br />MILLION AND 00/100 DOLLARS ($2,000,000.00) per occurrence, and shall be primary and without
<br />contribution from Owner. Subject to the standard exclusions and limitations of CGL policies, such insurance shall
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