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<br />judgments, liens, damages, punitive damages, penalties, fines, costs, liabilities, interest or losses (collectively the <br />"Liabilities") including, without limitations, Liabilities under the Comprehensive Environmental Response, <br />Compensation and Liability Act, 42 U.S.C. Section 9601 et seq., reasonable attorneys' and paralegals' fees (at trial and <br />appellate levels) and expenses (including any such fees and expenses incurred in enforcing this indemnification or <br />collecting any sums due hereunder), consultant fees and expert fees (collectively the "Costs") that arise directly or <br />indirectly from or in connection with the presence, suspected presence, release or suspected release of any Hazardous <br />Substance, as hereinafter defined, in or into the air, soil, surface water, ground water or soil vapor at, on, about, above, <br />under or within the Premises or any portion thereof, which relate to activities on the Premises after the effective date of <br />this License. As used in this License, the term "Hazardous Substances" means any hazardous or toxic substances, <br />materials or wastes including, but not limited to, solid, semi-solid, liquid or gaseous substances which are toxic, <br />ignitable, corrosive, carcinogenic or otherwise dangerous to human, plant or animal health or well-being and those <br />substances, materials, and wastes listed in the United States Department of Transportation Table (49 CFR 972.101) or <br />by 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, <br />any material, waste or substance which is (i) petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as <br />a "hazardous substance" pursuant to Section 1251 et seg• (33 U.S.C. Section 1321) or listed pursuant to Section 307 of <br />the Clean Water Act (33 U.S.C. Section 1317), (v) defined as a "hazardous waste" pursuant to Section 1004 of the <br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6903), or (vi) defined as a <br />"hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and <br />Liability Act, 42 U.S.C. Section 9601 et sea. (42 U.S.C. Section 9601). <br />18. Licensee agrees to release, indemnify, hold harmless and defend Licensor and the directors, <br />officers, shareholders, employees, and agents from Licensor from and against any and all claims, demands, damages, <br />actions or causes of action, together with any and all losses, costs or expenses in connection therewith or related thereto, <br />including reasonable attorneys' fees, asserted by any person or persons for bodily injury, death or property damage <br />arising from or in any manner growing out of Licensee's use of said Premises and the use of said Premises by any <br />agents, contractors, employees, officers, visitors, invitees, and guests of the Licensee of said Premises during the term of <br />this License or any extension thereof. For the purposes of enforcing the provisions of this Section 17, Licensee shall not <br />assert, as a defense to a claim by Licensor against Licensee arising under this section 17, its immunity from liability <br />provided for under the provisions of the Constitution or applicable statutes of the State of Ohio, including such laws as <br />4 <br />