a. LESSOR will be responsible for all obligations of compliance with any and all
environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies
of any governmental authorities regulating or imposing standards of liability or standards of conduct with
regard to any environmental or industrial hygiene conditions or concerns as may now or at any time
hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way
related to the Property, unless such conditions or concerns are caused by the specific activities of
LESSEE in the Premises.
b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume
all duties, responsibility and liability at LESSOR’s sole cost and expense, for all duties, responsibilities,
and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for
responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or
proceeding which is in any way related to: a) failure to comply with any environmental or industrial
hygiene law, including without limitation any regulations, guidelines, standards, or policies of any
governmental authorities regulating or imposing standards of liability or standards of conduct with regard
to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be
in effect, unless such non-compliance results from conditions caused by LESSEE; and b) any
environmental or industrial hygiene conditions arising out of or in any way related to the condition of the
Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE.
Nothing herein shall, nor is intended to, waive any defense, immunity or limitation of liability which may
be available to the Town or their respective officers, agents and employees, under the Maine Tort Claims
Act or any other privileges and/or immunities provided by law.
32, CASUALTY. In the event of damage by fire or other casualty to the Premises that
cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the
Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt
LESSEE?’s operations at the Premises for more than forty-five (45) days, then LESSEE may, at any time
following such fire or other casualty, provided LESSOR has not completed the restoration required to
permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days
prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire
with the same force and effect as though the date set forth in such notice were the date originally set as
the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such
termination date, with respect to payments due to the other under this Agreement. Notwithstanding the
foregoing, the rent shall abate during the period of repair following such fire or other casualty in
proportion to the degree to which LESSEE’s use of the Premises is impaired.
33. CONDEMNATION. In the event of any condemnation of all or any portion of the
Property, this Agreement shall terminate as to the part so taken as of the date the condemning authority
takes title or possession, whichever occurs first. If as a result of a partial condemnation of the Premises
or Property, LESSEE, in LESSEE’s sole discretion, is unable to use the Premises for the purposes
intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE’s
operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE’s ception, to be
exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of
such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority
shall have taken possession) terminate this Agreement as of the date the condemning authority takes such
possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the
Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and
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