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unusable for its water utility related purposes due to condition or other factors,
<br /> ERMU retains the right to cancel the Agreement with ninety (90) Days prior
<br /> written notice to the LESSEE, notwithstanding any provisions herein to the
<br /> contrary.
<br /> 11 . TERMINATION. This Agreement may be terminated by LESSEE at anytime in its
<br /> sole discretion by giving written notice thereof to ERMU, which termination shall
<br /> not constitute a waiver of LESSEE's rights under the Default paragraph of this
<br /> Agreement. In the event this Agreement is terminated by LESSEE under this
<br /> Termination paragraph, LESSEE agrees to pay to ERMU six (6) months additional
<br /> rent as liquidated damages for early termination calculated from the date of
<br /> termination pursuant to this section.
<br /> 12. INDEMNITY. ERMU and LESSEE each indemnify the other against, and hold the
<br /> other harmless from any and all costs (including reasonable attorneys' fees and
<br /> expenses) and claims, actions, damages, obligations, liabilities and liens which
<br /> arise out of (a) the breach of this Agreement by the indemnifying party; and (b) the
<br /> use and/or occupancy of the Leased Premises or ERMU's Property by such
<br /> indemnifying party. This indemnity shall not apply to any claims, actions,
<br /> damages, obligations, liabilities and liens arising from any negligence or intentional
<br /> misconduct of the indemnified party and shall survive the termination of this
<br /> Agreement.
<br /> 13. HAZARDOUS SUBSTANCES. ERMU represents that ERMU has no knowledge of
<br /> any substance, chemical, or waste on ERMU's Property that is identified as
<br /> hazardous, toxic or dangerous in any applicable federal, state or local law or
<br /> regulation. ERMU shall hold LESSEE harmless from and indemnify LESSEE against
<br /> any damage, loss, expense, response costs, or liability, including consultant fees
<br /> and attorneys' fees resulting from the presence of hazardous substances on,
<br /> under or around ERMU's Property or resulting from hazardous substances being
<br /> generated, stored, disposed of, or transported to, on, under, or around ERMU's
<br /> Property as long as the hazardous substances were not generated, stored,
<br /> disposed of, or transported by LESSEE or its employees, agents or contractors.
<br /> 14. LESSEE shall hold ERMU harmless from and indemnify ERMU against any damage,
<br /> loss, expense, response costs, or liability, including consultant fees and attorneys'
<br /> fees resulting from the presence of hazardous substances on, under or around
<br /> ERMU's Property or resulting from hazardous substances being generated, stored,
<br /> disposed of, or transported to, on, under, or around ERMU's Property provided that
<br /> the hazardous substances were generated, stored, disposed of, or transported by
<br /> LESSEE or its employees, agents or contractors.
<br /> 1 5. CASUALTY. If any portion of ERMU's Property or the Communications Facility is
<br /> damaged by any casualty and such damage adversely affects LESSEE's use of the
<br /> Leased Premises, this Agreement shall terminate as of the date of the casualty if
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