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whether by Tenant or Tenant's permitted invitees, sublessees, agents, contractors, <br />employees, or licensees, and the cost of any required or necessary repair, cleanup, <br />remediation, or detoxification, and the preparation of any required plans resulting from such <br />use, generation, storage, release, threatened release, or disposal, (c) any breach or default on <br />the part of Tenant in the performance of any covenant, representation, warranty, or <br />agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or (d) <br />any negligent or intentional act or omission of Tenant, or any of its agents, contractors, <br />employees, sublessees, invitees or licensees. <br />Section 8.2 Indemnification by Landlord <br />Except as otherwise provided herein, Landlord hereby agrees to indemnify, defend, <br />protect and hold Tenant, its officers, agents, and employees harmless from and against any <br />and all claims, losses, damages, expenses, or liabilities arising from (a) the use, generation, <br />storage release, threatened release, or disposal of Hazardous Materials by Landlord, its <br />agents, contractors, employees, or licensees, and the cost of any required or necessary <br />repair, cleanup, remediation or detoxification, and the preparation of any required plans <br />resulting from such use, generation, storage, release, threatened release, or disposal, (b) any <br />breach or default on the part of Landlord in the performance of any covenant or agreement <br />on the part of Landlord to be performed pursuant to the terms of this Lease, or (c) any <br />intentional or negligent act of Landlord, or any of its agents, contractors, lessees (other than <br />Tenant), employees, or licensees. <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 38 <br />2574001\313983.8 <br />