**Exhibit10.29**

 

**FIRSTAMENDMENT TO LEASE**

 

**(Building4 and 5 - 1700 and 1800 Seaport Boulevard)**

 

**(LEASETERMINATION AND**

**MUTUALGENERAL RELEASE AGREEMENT)**

 

This FirstAmendment to Lease (Lease Termination and Mutual General Release Agreement) (“**Agreement**”)is dated for reference purposes, entered into and made effective as of May 9,2002 at San Francisco, California, by and between **PACIFIC SHORES DEVELOPMENT, LLC**,a Delaware limited liability company (“**Lessor**”) and **BROADVISION, INC.**, a Delawarecorporation (“**Lessee**”).

 

**RE C I T A L S**

 

A.  Lessor and Lessee entered into that certainwritten Lease dated April 12, 2000 (“**B-4 Lease**”), with respect to certainpremises identified therein and commonly known as Building 4, Pacific ShoresCenter, 1800 Seaport Boulevard, Redwood City, California  94060 (“**B-4****Premises**”).

 

B.  Lessor and Lessee entered into that certainwritten Lease dated February 15, 2000 (“**B-5 Lease**”), with respect to certainpremises identified therein and commonly known as Building 5, Pacific Shores Center,1700 Seaport Boulevard, Redwood City, California  94060 (“**B-5****Premises**”).

 

C.  Lessor and Lessee entered into that certainwritten Lease dated February 15, 2000 (“**B-6 Lease**”), with respect to certainpremises identified therein and commonly known as Building 6, Pacific ShoresCenter, 1600 Seaport Boulevard, Redwood City, California  94060 (“**B-6****Premises**”).

 

D.  Lessee is actively engaged in seekingsubtenants who would be acceptable to Lessor as direct tenants upon anytermination of the B-4 and B-5 Leases.

 

E.  Lessor and Lessee now desire to amend theB-4 and B-5 Leases and to terminate both Leases effective as of May 14, 2002(the “**Termination****Date**”),so that all matters arising out of the B-4 and B-5 Leases are fully and finallyresolved on the terms and conditions set forth herein.

 

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**AGREEMENT**

 

NOW THEREFORE,for good and valuable consideration, receipt of which is hereby acknowledged,Lessor and Lessee each agrees as follows:

 

1.  Recitals.  Each of the foregoing recitals is true and correct and each ofthese Leases is confirmed and ratified as being in full force and effect.

 

2.  Termination: Survival of Indemnity.  Lessor and Lessee agree that, inconsideration of the timely performance by Lessee of all of its obligationshereunder, each of the B-4 and B-5 Leases and all rights, obligations andliabilities of Lessor and Lessee under the B-4 and B-5 Leases with respect tothe time period following the Termination Date (including, without limitation,the option to extend the Lease Term in Section 3.02, the Right of First Offerto Lease in Section 17.25 and all other options and right of first refusal orfirst offer contained therein) are hereby terminated as of the TerminationDate, provided that Lessee’s indemnity obligations under Sections 7.07, 7.08and 17.22(d) of the B-4 and B-5 Leases (copies of which Sections are attachedhereto as part of Exhibit “A” and incorporated herein by this reference) shallsurvive said termination as to acts, omissions, conditions and events whichoccur on or before the later of (i) the Termination Date, or (ii) the date uponwhich Lessee vacates the Premises and surrenders legal and actual possession ofsame to Lessor.

 

3.  Termination Payment.  As additional consideration for Lessor’sentering into this Agreement, on or before the Termination Date Lessee shallpay to Lessor in cash or immediately available funds (i) a lease buyout fee(the “**LeaseBuyout Fee**”) in the total sum of Forty Five Million Dollars and nocents ($45,000,000.00), and (ii) an amount equal to fifty percent (50%) of BaseRent and NNN installments otherwise due on May 1, 2002, i.e., $542,372.64.

 

4.  Surrender of Premises.  On the Termination Date, Lessee shall vacateand thereby surrender legal and actual possession of the B-4 and B-5 Premises includingall existing Tenant Improvements and existing generators at the B-4 and B-5Premises to Lessor in the condition required by Section 17.09(a) of the B-4 andB-5 Leases (a copy of which Section is attached hereto as part of Exhibit “A”and incorporated herein by this reference). If Lessee remains in possession of either or both of the B-4 and B-5Premises after the Termination Date, Lessee shall be a tenant at sufferance,subject to immediate eviction without notice and to liability for damages underCalifornia law, and shall be in material breach of this Agreement and the B-4and B-5 Leases.  The provisions ofSection 17.09(b) of the B-4 and B-5 Leases (set forth in Exhibit “A”) areincorporated herein by the reference and shall apply to any holdover by Lesseebeyond the Termination Date.

 

5.  Lease Obligations to be Performed.  As a condition to Lessor’s obligationshereunder (but not as consideration therefore), through and including theTermination Date, Lessee shall comply fully and timely with all the terms,obligations, covenants, and conditions of the B-4 and B-5 Leases, including,without limitation, payment of Base Rent and Additional Rent and all otheramounts to be paid by Lessee under the B-4 and B-5 Leases.

 

6.  B-4 and B-5 Letters of Credit to beReturned.  Within ninety-two (92)days after the Termination Date provided that no bankruptcy petition (voluntaryor involuntary) is filed with respect to BVSN during said ninety-two days (inwhich case Lessor may immediately draw on the letters of credit deposited withLessor under the Building 4 Lease and the Building 5 Lease, provided that, ifand when a final adjudication determines that Lessor is entitled to keep theentire Lease Buyout Fee, Lessor will within thirty (30) days thereafter returnthe amount drawn, without interest, less all reasonable expenses, includingattorneys’ fees and expert witness fees, which Lessor incurs in the bankruptcycase (or otherwise) with respect to or in connection with obtaining such finaladjudication) and further conditioned upon the full and timely performance andobservance by Lessee of all of its obligations hereunder and under the B-4 andB-5 Leases (pursuant to Lessee’s obligation to do so under the B-4 and B-5Leases and not as consideration for the termination of the Leases) through theTermination Date, Lessor shall deliver to Lessee the two letters of creditbeing held as Security Deposits under the B-4 Lease and B-5 Lease and providedthat Lessee has performed its obligations pursuant to that certain FirstAmendment to Lease being executed currently herewith for the B-6 Lease todeliver a $3,500,000.00 letter of credit as additional security under the B-6Lease.  In the event Lessor is entitledto keep only a portion of the Lease Buyout Fee, Lessor shall be entitled tokeep the amounts drawn

 

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on the letters of credit tomake up the portion of the Lease Buyout Fee disallowed, and shall return theremainder to Lessee.

 

7.  Tenant Improvement Deposits.  Lessee hereby acknowledges that all monieson deposit with Lessor or its lender which were deposited under the B-4 and B-5Leases for the purpose of paying for Tenant Improvements have been released andtransferred by Lessee to be applied by Lessor to payment of TenantImprovements, pursuant to Lessee’s obligations to do so under the B-4 and B-5Leases (and not as consideration hereunder) and Lessee relinquishes and waivesany claim to said monies (and to any accounting therefor).

 

8.  All Obligations Performed.  Lessor and Lessee each acknowledge that theother has performed and observed all its obligations to be performed andobserved under the B-4, B-5 and B-6 Leases through and including the datehereof and neither Lessee nor Lessor is in default under the B-4, B-5 or B-6Leases.  Within thirty (30) days afterthe Termination Date, Lessee, at its sole cost and expense, shall (i)disconnect and sever all existing telephone, security and any and all otherservices or systems which are connected between any of B-4, B-5 and B-6Buildings and repair any damage caused thereby as reasonably approved byLessor, such that the affected service and system in each Building is a usablestand alone system, (ii) deliver to Lessor all reader cards, any other service orsystem components necessary or appropriate to utilize said services andsystems, “as-built” plans, manufacturers handbooks and other information whichLessee possesses concerning such services and systems, and (iii) assign toLessor, in form reasonably acceptable to Lessor, all warranties and guarantiesrelated to said services and systems.

 

9.  Lessee’s Breach; Specific Performance andLiquidated Damages.  Notwithstandingany other provisions hereof, if Lessee fails to comply timely with any of itsobligations set forth in paragraph 3, 4 or 5 hereof, including, withoutlimitation, payment of the Lease Buyout Fee as well as, vacation and surrenderof the B-4 and B-5 Premises on the Termination Date, or if a Lesseerepresentation in paragraphs 11 or 12 hereof is untrue, Lessee shall be inmaterial breach hereof, and Lessor may elect either to (i) sue for specificperformance and for damages, or (ii) elect to cancel this Agreement in whichcase the B-4 and B-5 Leases shall not terminate and/or (iii) pursue any and allother legal or equitable remedies it may have.

 

10.  Lender’s Consent; Board Authorization.  Lessee’s and Lessor’s obligations hereunderare subject to the receipt (i) by Lessee, no later than thirty (30) businessdays after the date hereof, of the Lender’s Consent, as hereinafter defined,and (ii) by Lessor, no later than May 2, 2002, of a certified resolution ofLessee’s Board of Directors authorizing the execution of this Amendment.  Lessor hereby agrees to use diligent effortsto obtain the Lender’s Consent by such date; however, if Lessee does notreceive the Lender’s Consent by such date, this Amendment shall, at eitherLessor’s or Lessee’s option, thereupon be deemed terminated and of no furtherforce or effect, and neither party shall have any further rights, obligations,or liabilities hereunder.  As usedherein, the term “**Lender’s Consent**” means a written consentto this Agreement (including, without limitation, Section 13 hereof), executedby the holder of the promissory note secured by that certain Deed of Trustencumbering the fee interest in the real property of which the Premises are apart) recorded on March 31, 2001 in the Official Records of San Mateo,California, as Document No 2000-037860.

 

11.  No Prior Transfer or Rights.  Lessee hereby represents and warrants thatit has not made any assignment, sublease, license, conveyance, encumbrance,lien or any other transfer of any nature whatsoever of (i) the B-4 and B-5Leases, (ii) the Tenant Improvement Deposits, (iii) any rights or benefitsunder the B-4 and B-5 Leases, including, without limitation, the right topossession, use or occupancy of the B-4 and B-5 Premises, or any part thereofand that Lessee has all power, authority and right necessary to terminate theB-4 and B-5 Leases as of the Termination Date and to otherwise enter into andperform this Agreement and Lessee further represents and warrants that neitherthe execution nor compliance with this Agreement will conflict with or resultin a breach of any other agreement, instrument, order, injunction, judgment ordecree to which Lessee is a party or by which Lessee is bound or constitutes adefault hereunder.

 

12.  Solvency.  Lessee represents and warrants that, as of the date of thisAgreement, and after giving effect to the transactions contemplated hereby,Lessee is paying and is and will be able to pay its debts in the ordinarycourse of its business and consistent with its past practices and Lessee doesand will have capital sufficient to carry on its business.

 

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13.  General Release and Indemnity.  Effective as of the Termination Date, Lessorand Lessee, each on behalf of itself, its respective shareholders, partners,officers, directors, constituent members, lenders, associates, affiliates,attorneys, trustees, trusts as to which it serves as trustee, employees,agents, and all others claiming through same and each of their successors andassigns (collectively, disjunctively, and conjunctively its “**Affiliates**”)hereby generally releases and forever discharges the other party and itsAffiliates from and against any and all claims, demands, charges, costs,liabilities, expenses (including reasonable attorneys’ fees), accounts, actionsor causes of action of any nature, whether absolute or contingent, tort orcontract, legal or equitable, common law or statutory, now or hereafteroccurring, and no matter by whom alleged or asserted, and including, withoutlimitation, both known and unknown liabilities, claims and causes of actionarising out of, related to or in connection with (i) the B-4 and B-5 Leases,(ii) the design, construction, characterization and costs of TenantImprovements, (iii) Lessee’s possession or use of the B-4 and B-5 Premisesduring the terms of the B-4 and B-5 Leases and through and including theTermination Date, and/or (iv) any other relationship dealing or occurrencebetween Lessor and Lessee or anyone else acting on behalf of Lessor or Lesseeexcept for obligations expressly excluded below (collectively “**Claims**”).  The foregoing shall not release Lessor’sobligation to return the Letters of Credit pursuant to Section 6 hereof.  Each party agrees to indemnify and holdharmless the other party and its Affiliates as to any of the Claims released bysuch party which is brought against such other party and/or its Affiliates.

 

14.  Full and Final Release; Unknown Claims.  This is a full and final release of any andall Claims by Lessor and Lessee and their respective Affiliates against theother and its Affiliates.  ThisAgreement shall apply to all unknown and unanticipated damages or injuriesresulting from any such Claims.  Lessorand Lessee each on behalf of itself and its Affiliates, in its capacity as theholder of potential unknown claims (“**Creditor**”) against the other and itsAffiliates (“**Debtor**”), expressly waives the provisions of California CivilCode Section 1542, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMSWHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OFEXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HISSETTLEMENT WITH THE DEBTOR.”

 
| /s/ fb                  |   |
|-------------------------|--------|
| Lessee’s  Initials |   |
|                    |   |
| /s/ jp                  |   |
| Lessor’s  Initials |   |

 

15.  No Prior Assignment of Claims.  Each party warrants and represents that noother person has any interest in the Claims it is releasing and that noassignment or transfer of any of such Claims has occurred.

 

16.  Expressly Excluded Claims.  The parties expressly exclude from theClaims being released hereunder, their respective obligations and any claimsrelated to or arising from the B-6 Lease.

 

17.  Indefeasibility Covenants and Conditions.

 

(a)           Lessee shall indemnify and holdharmless Lessor from any cost, liability, expense, claim or damage that Lessormay suffer as a consequence of the failure of Lessor to obtain or retain thebenefits of this Agreement as a result of any action of Lessee, including,without limitation, the cost and expenses of defending or otherwise seeking topreserve its rights pursuant to this Agreement.

 

(b)           Lessee and Lessor each herebycovenants and agrees that they will not, by voluntary action, by amendment ofthis Agreement or through any reorganization, recapitalization, transfer ofassets, consolidation, merger or dissolution or any other voluntary action,avoid or seek to avoid the observance or performance of any of the terms to beobserved or performed hereunder by them, but will at all times in good faithassist in the carrying out of all the provisions of this Agreement and in thetaking of all such action as may be necessary or appropriate to protect therights and benefits of the other party against impairment.

 

(c)           Lessee and Lessor each herebycovenants and agrees that they shall not initiate, assign, maintain, prosecuteor otherwise participate or assist in, or benefit from, or assist in, orbenefit from, or finance, support or otherwise encourage the institution,maintenance or pursuit of any action, claim, demand, cause of action,

 

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defense, or proceeding (whetherat law or otherwise) against the other party that would impair any of therights or benefits of the other party hereunder.

 

18.  Further Cooperation.  Each party shall take such further action,including, without limitation, the execution of additional documents, as may bereasonably required to effectuate the terms and conditions of this Agreement.

 

19.  Dismissal of Litigation.  Lessee and Lessor each shall dismiss withprejudice, within five (5) days after the date of this Agreement, any and alllegal or equitable actions it has filed against the other in a court of lawprior to the date of this Agreement.

 

20.  Attorneys’ Fees for Breach of thisAgreement.  If any party brings anaction or proceeding to enforce the terms hereof or declare rights hereunder,the prevailing party in any such proceeding, action or appeal thereon, shall beentitled to reasonable attorneys’ fees. Such fees may be awarded in the same suit or recovered in a separate suitwhether or not such action or proceeding is pursued to decision or judgment.

 

21.  Legal Representation.  Each party hereby acknowledges andrepresents that it has been represented by legal counsel with respect to thisAgreement and understands and assumes the risk of all rights surrendered andall burdens assumed by entering into this Agreement and is in no manner relyingon any representations of the other party or its agents or employees withrespect to the subject matter of this Agreement.  Each party shall bear its own attorneys’ fees incurred inconnection with this Agreement and the subject matter hereof with respect tothe time period preceding the execution hereof.

 

22.  WAIVER OF RIGHT TO JURY TRIAL.  LESSOR AND LESSEE WAIVE THEIR RESPECTIVERIGHTS TO TRIAL BY JURY OF ANY CONTRACT, STATUTORY OR TORT CLAIM, DEFENSE,COUNTERCLAIM, CROSS-COMPLAINT, OR CAUSE OF ACTION IN ANY ACTION, PROCEEDING, ORHEARING BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY MATTER ARISING OUT OFOR IN ANY WAY CONNECTED WITH OR RELATED TO THIS AGREEMENT, OR ITS NEGOTIATIONOR EXECUTION, THE B-4 OR B-5 BUILDINGS OR LEASES WHETHER FOR EQUITABLE RELIEFOR DAMAGES OR THE ENFORCEMENT OF ANY OTHER REMEDY UNDER ANY CURRENT OR FUTURELAW, STATUTE, REGULATION, CODE, OR ORDINANCE.

 

23.  Time is of the Essence.  Time is of the essence of each provisionhereof.

 

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24.  Notices.

 

(a)           Written Notice.  Any notice required or permitted to be givenhereunder shall be in writing and shall be given by a method described inparagraph (b) below and shall be addressed to Lessee or to Lessor at theaddresses noted below, next to the signature of the respective parties, as thecase may be.  Either party may by noticeto the other specify a different address for notice purposes.  A copy of all notices required or permittedto be given to Lessor hereunder shall be concurrently transmitted to such partyor parties at such addresses as Lessor may from time to time hereafterdesignate by notice to lessee, but delay or failure of delivery to such personshall not affect the validity of the delivery to Lessor or Lessee.

 

(b)           Methods of Delivery.

 

(i)            When personally delivered to therecipient, notice is effective on delivery. Delivery to the person apparently designated to receive deliveries at thesubject address is personally delivered if made during business hours (e.g.receptionist).

 

(ii)           When mailed by certified mail withreturn receipt requested, notice is effective on receipt if delivery isconfirmed by a return receipt.

 

(iii)          When delivery by overnight deliveryFederal Express/Airborne/United Parcel Service/DHL WorldWide Express withcharges prepaid or charged to the sender’s account, notice is effective ondelivery if delivery is confirmed by the delivery service.

 

(c)           Refused, Unclaimed orUndeliverable Notices.  Anycorrectly addressed notice that is refused, unclaimed, or undeliverable becauseof an act or omission of the party to be notified shall be considered to beaffective as of the first date that the notice was refused, unclaimed, orconsidered undeliverable by the postal authorities, messenger, or overnightdelivery service.

 

25.  Counterparts.  This Agreement may be executed incounterpart originals, in which case all such counterpart originals, takentogether, shall constitute one and the same Agreement.

 

26.  Entire Agreement and Integration Clause.  This Agreement constitutes the entireAgreement between the parties as to the subject matter contained herein andsupersedes all prior discussions, negotiations, and agreements whether oral orwritten.  Any amendment to this

 

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Agreement, including oralmodification supported by new consideration, must be reduced to writing andsigned by both parties before it will be effective.

 
| LESSOR                                |                   | LESSEE                      |
|---------------------------------------|------------------------|-----------------------------|
|                                  |                   |                        |   |   |
| “**PACIFIC SHORES**”        |                   | “**BROADVISION**” |
|                                  |                   |                        |   |   |
| Pacific  Shores Development, LLC,     | BroadVision,  Inc., a  |
| a Delaware  limited liability company |                   | Delaware  corporation       |
|                                  |                   |                        |   |   |
| By:                                   | Technology  Land, LLC, |                        |   |   |
|                                  | a California  limited  |                        |   |   |
|                                  | liability  company     |                        |   |   |
|                                  |                   |                        |   |   |
| By:                                   | /s/ Jay Paul           |                        | By: | /s/ Fran  Barton |
|                                  | Jay Paul,              |                        |   | Fran Barton |
|                                  | (type or  print name)  |                        |   | (type or  print name) |
| Its:                                  | President              |                        | Its: | EVP &  CFO |

 

 
| Notice  Address: | Notice  Address:                    |
|------------------|-------------------------------------|
|             |                                |   |   |
| Attn:            | Jay Paul                            | Attn: | Legal  Department |
|             | Technology  Land, LLC               |   | BroadVision,  Inc. |
|             | 350  California Street, Ste. 1905   |   | 585 Broadway |
|             | San  Francisco, CA  94104-1432 |   | Redwood  City, CA  94063 |
|             |                                |   |   |
| With a copy  to: | With a copy  to:                    |
|             | Thomas G.  Perkins, Esq.            |   | Elizabeth A.  Willes, Esq. |
|             | 99 Almaden  Blvd., 8th Floor        |   |   | Cooley Godward  LLP |
|             | San Jose,  CA  95113           |   |   | 4401  Eastgate Mall |
|             |                                |   |   | San Diego,  CA  92121 |

 

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**EXHIBIT A**

 

Section 7.07 Indemnification and Exculpation.

 

(a)    Except as otherwise provided in Section 7.07.(b), Lessee shall indemnifyand hold Lessor free and harmless from any and all liability, claims, loss,damages, causes of action (whether in tort or contract, law or equity, orotherwise), expenses, charges, assessments, fines, and penalties of any kind,including without limitation, reasonable attorney fees, expert witness fees andcosts, arising by reason of the death or injury of any person, including anyperson who is an employee, agent, invitee, licensee, permittee, visitor, guestor contractor of Lessee, or by reason of damage to or destruction of anyproperty, including property owned by Lessee or any person who is an employee,agent, invitee, permittee, visitor, or contractor of Lessee, caused orallegedly caused (1) while that person or property is in or about the Premises;(2) by some condition of the Premises; (3) by some act or omission by Lessee orits agent, employee, licensee, invitee, guest, visitor or contractor or anyperson in, adjacent, on, or about the Premises with the permission, consent orsufferance of Lessee; (4) by any matter connected to or arising out of Lessee’soccupation and use of the Premises, or any breach or default in timelyobservance or performance of any obligation on Lessee’s part to be observed orperformed under this Lease.

 

(b)    Notwithstanding the provisions of Section 7.07.(a) of this Lease,Lessee’s duty to indemnify and hold Lessor harmless shall not apply to anyliability, claims, loss or damages arising because of Lessor’s activenegligence or willful acts of misconduct.

 

(c)    Lessee hereby waives all claims against Lessor for damages to goods,wares and merchandise and all other personal property in, on or about thePremises and for injury or death to persons in, on or about the Premises fromany cause arising at any time to the fullest extent permitted by law. In noevent shall Lessor be liable (i) for lost profits or other consequentialdamages arising from any cause or (ii) for any damage which is or could becovered by the insurance Lessee is required to carry under this Lease.

 

Section 7.08.  Lessor as Party Defendant.    If by reason of an act or omission ofLessee or any of its employees, agents, invitees, licensee, visitors, guests orcontractors,****Lessor is made a party defendant or a cross-defendant to any actioninvolving the Premises or this Lease, Lessee shall hold harmless and indemnifyLessor from all liability or claims of liability, including all damages,attorney fees and costs of suit.

 

Section 17.09.  Surrender of Possession; Holding Over.

 

(a)           Atthe expiration of the Lease, Lessee agrees to deliver up and surrender toLessor possession of the Premises and all improvements thereon broom clean and,in as good order and condition as when possession was taken by Lessee,excepting only ordinary wear and tear (wear and tear which could have beenavoided by first class maintenance practices and in accordance with industrystandards shall not be deemed “ordinary”). Upon expiration or sooner termination of this Lease, Lessor may reenterthe Premises and remove all persons and property therefrom.  If Lessee shall fail to remove any personalproperty which it is entitled or obligated to remove from the Premises upon theexpiration or sooner termination of this Lease, for any cause whatsoever,Lessor, at its option, may remove the same and store or dispose of them, andLessee agrees to pay to Lessor on demand any and all expenses incurred in suchremoval and in making the Premises free from all dirt, litter, debris andobstruction, including all storage and insurance charges.  If the Premises are not surrendered at theend of the Lease Term, Lessee shall indemnify Lessor against loss or liabilityresulting from delay by Lessee in so surrendering the Premises, including, withoutlimitation, actual damages for lost rent and with respect to any claims of asuccessor occupant.

 

(b)           IfLessee, with Lessor’s prior written consent, remains in possession of thePremises after expiration of the Lease Term and if Lessor and Lessee have notexecuted an express written agreement as to such holding over, then suchoccupancy shall be a tenancy from month to month at a monthly Base Rentequivalent to one hundred fifty percent (150%) of the monthly rental in effectimmediately prior to such expiration, such payments to be made as hereinprovided for Base Rent. In the event of such holding over, all of the terms ofthis Lease, including the payment of Additional Rent all charges owinghereunder other than rent shall remain in force and effect on said month tomonth basis.

 

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Section 17.22.   Hazardous Materials.

 

(d)           Lessee’sEnvironmental Indemnity.  Lesseeagrees to indemnify and hold Lessor harmless from any liabilities, losses,claims, damages, penalties, fines, attorney fees, expert fees, court costs,remediation costs, investigation costs, or other expenses resulting from orarising out of the use, storage, treatment, transportation, release, presence,generation, or disposal of Hazardous Materials on, from or about the Project,and/or subsurface or ground water, from an act or omission of Lessee (orLessee’s successor), its agents, employees, invitees, vendors, contractors,guests or visitors.

 

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