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03/14/2002 09:58 FAX 4404812231 MV PARKS AND RECREATION 4 LAW DIR 121005
<br />. Grantee, for itself, its successors and assigns, by exercising the right herein granted, agrees to
<br />indemniiy and save the Grantor, its successors and assigns, harmless from and against all claims, demands, damages
<br />aciions or causes of action, togeiher with any and all losses, costs or expenses in connection therewith or related
<br />thereto including reasonable attorneys' fees, asserted by any person or persons for bodily injury, death or property
<br />damage arlsing or in any manner arising from Grantee's negligence in,using the herein-described premises. For
<br />purposes of enforcing this clause, Grantee waives as a complying employer, its immunity provided under the Workers'
<br />Compensation laws.
<br />Graniee agrees to indemnify, protecf, defend and hold Grantor and the directors, officers, shareholders,
<br />employees and agents of Grantor harmless from any claims, actions, administrative proceedings, judgments, damages,
<br />punitive damages, penalties, fines, costs, liabilities, interest or losses (col(ectively the "Liabilities") including, without
<br />limitations, Liabilities under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
<br />Section 9601 et 5eq•, and the Ohio Voluntary Action Program, O.R.C., Chapter 3746, reasonable atiorneys' and paralegals'
<br />fees, (at trial and appellate levels) and expenses (including any such fees and expenses incurred in enforcing this
<br />; indemnification or collecting any sums due hereunder), consultant fees and expert fses (collectively the "Costs") that arise
<br />directly or indirectly from or in connection with the presence, suspected presence, release or suspected release of any
<br />Hazardous Substance, as hereinafter defined, in or into the air, soil, surface water, ground water or soil vapor at, on, about,
<br />above, under or within the premises or any portion thereoi, which relate to activities of Grantee on the premises after the
<br />effective date of this Easement. As used in this Agreement, the term "Hazardous Substances" means any hazardous or
<br />toxic substances, materials or wastes, including, but not limited to solid, semi-sotid, liquid or gaseous substances which are
<br />toxic, ignitable, corrosive, carcinogenic or otherwise dangerous to human, plant or animal hea{th or well-being and those
<br />substances, materials, and wastes lisied in the United States Department oi Transportation Table (49 CFR 972.101) or by
<br />the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and amendments thereto or such
<br />substances, materials and wastes regulated under any applicable local, state or federal law including, without limitation, any
<br />maierial, wasie or substance which is (i) petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as a
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