Environmental Losses. Any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including, but not limited to, all reasonable attorneys' fees and expenses and all other professionals' or consultants' reasonable expenses incurred in investigating, preparing for, serving as a witness in or defending against any action or proceeding, whether actually commenced or threatened, which may be asserted against any indemnitees), arising from, in respect of, as... a consequence of, or in connection with any of the following: (A) the remediation of any Hazardous Material placed on or released from the Gaming Facility Site, Project Facilities or the lands upon which they are located as may be required by law, whether such removal is done or completed by Pawnee, Lakes, or any other person or entity; (B) claims asserted at any time (prior to or after the date of this Agreement) by any person or entity (including, without limitation, any governmental agency or quasi-governmental authority, board, bureau, commission, department, instrumentality or public body, court, or administrative tribunal (a "Government Agency"), in connection with or in any way arising out of the presence, storage, use, disposal, generation, transportation, or treatment of any Hazardous Material on, in or under the Gaming Facility Site, Project Facilities or the lands upon which they are located; (C) the violation or claimed violation of any Environmental Laws in regard to the Gaming Facility Site, Project Facilities or the lands upon which they are located; (D) the preparation of an environmental audit on the Gaming Facility Site, Project Facilities or the lands upon which they are located, whether conducted or authorized by indemnitor, an indemnitee, or a third party; (E) the violation or claimed violation of Oklahoma environmental laws, as a result of the condition of the Gaming Facility Site, Project Facilities or the lands upon which they are located, or any other applicable federal, state, local or tribal environmental law or laws relating to the regulation of Hazardous Materials and the removal from the Gaming Facility Site, Project Facilities or the lands upon which they are located of paint, plaster, soil and other accessible material containing levels of lead which are in violation of applicable law, each whether now existing or hereafter arising.View More
