6D(5) Lease Agreement - Oliver Plow Partners

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liabilities or losses (including, without limitation, diminution in value of the Property or Real Estate, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Property or Real Estate, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, attorney's fees, consultants' fees and expert fees) which arise during or after the lease term as a result of such contamination. This indemnification of Commission by Company includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Real Estate. Without limiting the foregoing, if the presence of any Hazardous Material on the Property or Real Estate caused or permitted by Company results in any contamination of the Property or Real Estate, Company shall promptly take all actions, at its sole expense, as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Material to the Property or Real Estate; provided that Commission's written approval of such actions shall be first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long term or short term effect on the Property or Real Estate. The foregoing indemnity shall survive the expiration or earlier termination of the Lease. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials and wastes defined or specified in 42 U.S.0 Section 9601 et seq. and any similar state statute or local ordinance 7