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insurance covering (i) all improvements, and (ii) trade fixtures, merchandise or
<br /> other personal property from time to time, in, on or about the Property, in an
<br /> amount not less than one hundred percent (100%) of their actual replacement
<br /> costs, from time to time, providing protection against any peril included with the
<br /> classification "Fire and Extended Coverage" together with insurance against
<br /> sprinkler damage, vandalism and malicious mischief. The proceeds of such
<br /> insurance shall be used for the repair and or replacement of the property so
<br /> insured. Upon termination of this Lease following a property loss as set forth
<br /> herein, the proceeds under (i) less the costs of improvements to the Property
<br /> made by Wildish, shall be paid to Agency, and the proceeds under (ii) shall be
<br /> paid to Wildish.
<br /> 13.3. Policy Requirements. Wildish shall provide Agency at least thirty (30)
<br /> days prior written notice of any material change, non-renewal or cancellation of
<br /> any insurance policies required by this Lease.
<br /> 14. Utilities. Wildish shall be responsible for providing and paying for all utilities,
<br /> including but not limited to electricity, gas, water, garbage and solid waste collection
<br /> and removal and telephone to the Property.
<br /> 15. Hazardous Materials.
<br /> 15.1. Definition of Hazardous Materials. As used herein, the term "hazardous
<br /> materials" shall mean any material that, because of their quantity, concentration
<br /> of, physical, chemical, or infectious chazacteristics, may case or pose a present or
<br /> potential hazard to human health or the environment when improperly used,
<br /> stored, disposed of, transported, or otherwise handled. This term includes, but is
<br /> not limited to, petroleum, including crude oil, including any fraction thereof that
<br /> is a liquid at standazd conditions of temperature and pressure (60° Fahrenheit and
<br /> 14.71 lbs. per square inch absolute), or any hazardous or toxic substance
<br /> regulated under the Resource Conservation and Recovery Act, the
<br /> Comprehensive Environment Response Compensation and Liability Act, or any
<br /> other state, federal or local laws relating to the protection of human health or the
<br /> environment.
<br /> 15.2. Use of Hazardous Materials. Wildish shall not cause or permit any
<br /> hazardous materials to be brought upon, kept, or used in or about the Property.
<br /> Under no circumstances will hazardous materials be disposed of on the Property.
<br /> Notwithstanding any provision to the contrary, Wildish shall indemnify Agency
<br /> against any damage or harm caused by Wildish's use or disposal of hazardous
<br /> materials found on the Property. Such indemnification shall include, but not be
<br /> limited to, the cost of defense of any legal claim, action, appeal or review arising
<br /> out of any such claim made by any third party, The foregoing indemnity shall
<br /> survive the expiration or eazlier termination of the Lease.
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<br /> 16. Compliance with Law. Without limiting the generality of the foregoing provisions,
<br /> Wildish shall comply with all laws, rules, orders, ordinances, directions, regulations
<br /> and requirements of federal, state, county and municipal authorities pertaining to its
<br /> use of the Property.
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