(b) Tenant covenants, at its cost and expense, to protect, indemnify, defend and hold Landlord harmless against and from any and all damages, losses, liabilities (including pollution liability or pollution claims), obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, or expenses of any kind or nature (including, without limitation, attorneys fees and experts fees) which may at any time be imposed upon, incurred by or asserted or awarded against Landlord arising from or out of any Hazardous Substance on, in, under or affecting the Premises, the Project or any part thereof as a result of any act or omission by Tenant, its successors or assigns, or any assignee, permitted sublessee licensee or other person or entity acting at the direction, knowledge or implied consent of Tenant. The foregoing indemnity shall include any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, or expenses of any kind or nature (including, without limitation, attorneys fees and experts fees) suffered by Landlord regardless of whether Landlord has consented to Tenants storage or use of any Hazardous Substances within the Premises.
(c) The term Hazardous Substance shall mean any waste, substance or material (i) identified in Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may be amended form time to time (herein called CERCLA), or (ii) determined to be hazardous, toxic, a pollutant or contaminant, under federal, state, or local statute, law, ordinance, rule, regulation or judicial or administrative order or decision, as the same may be amended from time to time, including, but not limited to, petroleum and petroleum products. The term release shall have the meaning given to such term in Section 101(22) of CERCLA.
(d) Landlord acknowledges that Tenant will have a radioactive source laboratory for purpose of testing, calibration, and storage of low-level radiation sources in the Premises. Tenant is licensed (License Number 1270-1) (Tenants License) and compliant with Georgia State Department of Natural Resources requirements. A valid and current copy of the first (1st page of Tenants License is attached hereto as Exhibit M. Tenant shall at all times maintain all required licenses, permits and approvals in connection with all radiation sources utilized by Tenant at the Project and shall indemnify and hold Landlord harmless from and against any and all claims or damages suffered by Landlord in connection with any such radiation sources in accordance with Subparagraph (b) above. All radioactive materials shall be stored, handled and disposed of in accordance with all applicable Laws including, without limitation, regulation 391-3-17 enacted by the Georgia Department of Natural Resources. In no event shall Tenant be permitted to store within the Premise radioactive materials which exceed the amounts permitted under Tenants License and any increase in the amount of radioactive materials stored by Tenant at the Premises (relative to the amounts permitted by Tenants License as of the date of this Lease) shall require Landlords prior written approval, which may be withheld by Landlord in its sole and absolute discretion.
26.13 The parties acknowledge that the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and regulations and guidelines promulgated thereunder (ADA), and any similarly motivated state and local Laws (Local Barriers Acts), as the same may be amended and supplemented from time to time (collectively referred to herein as the Disabilities Acts) establish requirements for business operations, accessibility and barrier removal, and that such requirements may or may not apply to the Premises and Project depending upon, among other things: (i) whether Tenants business is deemed a public accommodation or commercial facility, (ii) whether such requirements are readily achievable, and (iii) whether a given alteration affects a primary function area or triggers path of travel requirements. The parties hereby agree that: (a) Landlord shall, except as provided below, perform any required ADA Title III and related Local Barriers Acts compliance required in connection with the Landlord Work and in the Building exterior common areas, the cost of which shall be included in Operating Expenses under this Lease (except that any items constituting capital expenditures shall be amortized as required therein), (b) Tenant shall perform any required ADA Title III and related Local Barriers Acts compliance in the Premises and in any other areas within the Shell and Core, at Tenants expense, and (c) Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III and related Local Barriers Acts path of travel and other requirements triggered by any public accommodation or other use of, or alterations in, the Premises. Notwithstanding