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Rpr 18 02 02:59p Diemert & Rssociates (440)442-0825 p.7
<br />03/14/2002 03:58 FAX 4404812231 MV PARItS AND RECitEATION 4 LAW DIR 0005
<br />. Grantee, for itself, its successors and ass+gns, by exercising the right herein granted, agrees to
<br />indemnity and save the Grantor, its successors and assigns, harmless from and against all ciaims, demands, damages
<br />aclions or causes of aclion, togelher with any and ail losse<, costs or expenses in Connaction therewiih o?' rela3ed
<br />thereto including reasoneDle attorneys' fees, asserled by airy person or persons for bodily injury, death or properry
<br />damage arislng or in any mannar arising from Grantee's nEg{igence in using the herein-described premises. For
<br />purpose5 of enforcing ihis clause, Grantee wa9ves as a complying employer, its immunity provided under the Workers'
<br />Compensation laws.
<br />GranEee agrees to indemnify, protect, detend and hold GrantOr and Ihe 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 (collectively the "Liabilities") including, without
<br />limitations, Liabilities under the Comprehensive Environmental Response, Compensation and tiability Act, 42 U.S.C.
<br />5ection 9601 et 5Cq•, and the Ohio Voluntary Action frogram, O.R.C., Chapter 3746, reasonable atiorneys' and paralegals'
<br />fees (at trial and appellate levels) and expenses (including any suoh fees and expenses incurred in enforcing this
<br />indemnification or collecting any sums due hereunder), eonsultant fees and expert fses (collectively the "Costs") that arise
<br />direcl[y 4r indirectly from or in connection with the presenCe, suspeeled presence, release or suspeeted refease of any
<br />Hazardous Subsfance, as hereinafter defined, in or into the air, soil, surlace water, ground water ar soil vapor at, on, abaut,
<br />above, under or withln the premises or any portion ihereo9, which relate to activities of Grantee on the premises after the
<br />effective date of Ehls Easement. As used in this Agreement, the term "Naxardous Substances" means any hazardous or
<br />toxic subsEances, materia?s or wastes, including, but not limited to solid, semi-solid, liquid or gaseons substances which are
<br />toxic, ignitable, corrosive, carcinogenic or otherwise dangerous to human, plant or animal heal#h or well-being and those
<br />substanCeS, materials, and wastes listed in the United Stafes Department o} Transportation Table (49 CFR 972.101) or hy
<br />the Environmental Protection Agency as hazardou5 subseances (40 CFR Pari 302) and amendments thereto or such
<br />substances, matetials and wastes regulated under any aliplicable local, slate or federal law including, withoul limitation, any
<br />malerial, waste or substance which is (i) petroleum, (ii) asbastos, (iii) polychlorinated 6iphenyfs, (iv) designated as a
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