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Section 24. CASUALTY. If (i) the Improvement or any portion thereof is destroyed
<br />(in whole or in part) or is damaged by fire or other casualty, the Ground Lessor and the Ground
<br />Lessee shall be obligated to apply the net proceeds of any insurance proceeds resulting from
<br />such event to the prompt repair, restoration, modification or improvement of the Improvement.
<br />Section 25. SURVIVAL. The representations, warranties, terms and covenants of this
<br />Ground Lease shall survive the termination of the Ground Lease.
<br />Section 26. INDEMNIFICATION. Ground Lessee covenants and agrees that it shall
<br />defend, indemnify and hold Ground Lessor and Ground Lessor's invitees, employees, successors
<br />and assigns harmless from all loss, damage, expense, claims and actions that Ground Lessor or
<br />any of Ground Lessor's invitees, guests, employees, successors and assigns may suffer or sustain
<br />or be held liable for, arising out of or connected with (i) the construction, repair and maintenance
<br />of the Improvement and the Studebaker Museum by Ground Lessee or its employees, agents,
<br />contractors and subcontractors; (ii) the occupation or use of the Ground Lease Premises by
<br />Ground Lessee or Ground Lessee's invitees, guests, employees, tenants, successors or assigns; or
<br />(iii) failure of Ground Lessee to comply with any of its obligations hereunder or any terms or
<br />conditions hereof. As part of its Lease and Operating Agreement with SNM, Ground Lessee
<br />hereby agrees to require SNM to execute a separate indemnification, the form of which is
<br />attached hereto and incorporated herein as Exhibit _, related to SNM's occupancy and use of
<br />the Ground Lease Premises.
<br />Section 27. DAMAGE TO THE GROUND LEASE PREMISES- HAZARDOUS
<br />SUBSTANCES; MUTUAL INDEMNITY. Ground Lessee shall not do, or suffer to be done, in,
<br />on or upon the Ground Lease Premises or as affecting said Ground Lease Premises or adjacent
<br />properties (including the NIHS Property), any act which may result in damage or depreciation of
<br />value to the Ground Lease Premises or adjacent properties, or any part thereof. Ground Lessee
<br />shall not generate, store, produce, place, treat, release or discharge any contaminants, pollutants
<br />or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other
<br />agents on, into, or from the Ground Lease Premises or any adjacent lands or waters in any
<br />manner not permitted by law ( "Environmental Condition "). For the purposes of this Ground
<br />Lease, "hazardous substances" shall mean and include those elements or compounds defined in
<br />42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the
<br />United Sates Environmental Protection Agency (EPA) and the list of toxic pollutants designated
<br />by the United States Congress or the EPA or defined by any other federal, state or local statute,
<br />law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing
<br />liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance,
<br />material, pollutant or contaminant ( "Environmental Laws "). "Pollutants" and "pollution" shall
<br />mean those products or substances defined in Title 13 of the Indiana Code, and the rules
<br />promulgated thereunder, all as amended or updated from time to time.
<br />Ground Lessor agrees to indemnify, protect, defend, and hold harmless Ground Lessee
<br />from and against any and all losses, damages, liabilities, costs, expenses, and demands suffered
<br />fh�or incurred by Ground Lessee as a result of:
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