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its activities to be conducted or performed in, on or about the Site shall comply with all of the
<br /> Environmental Laws. The Lessee agrees to change, reduce or stop any non-complying activity or install
<br /> necessary equipment,safety devices, pollution control systems or other installations as may be necessary
<br /> at any time during the term of this Lease to comply with the Environmental Laws.
<br /> ii. The Lessee shall not, without first obtaining the Lessor's prior written approval, use,
<br /> generate, release, handle, spill, store, treat, deposit, transport, sell or dispose of any Hazardous Materials
<br /> in, on or about the Site. In the event,and only in the event,that the Lessor approves any of the foregoing,
<br /> the Lessee agrees that such activity shall occur safely and in compliance with the Environmental Laws.
<br /> iii. The Lessee shall not cause or permit to occur any violation of the Environmental Laws on,
<br /> under or about the Site,or arising from the Lessee's use or occupancy of the Site.
<br /> iv. The Lessee shall,in a timely manner and at the Lessee's own expense,make all submissions
<br /> to, provide all information required by and comply with all requirements of all governmental or regulatory
<br /> authorities("the Authorities"or"Authority")with jurisdiction under the Environmental Laws. If the Lessee
<br /> fails to fulfill any duty imposed under this Section 12 within a reasonable time,the Lessor may do so; and in
<br /> such case,the Lessee shall cooperate with the Lessor in order to prepare all documents the Lessor deems
<br /> necessary or appropriate to determine the applicability of the Environmental Laws to the Site and the
<br /> Lessee's use or occupancy thereof, and for compliance with the Environmental Laws, and the Lessee shall
<br /> execute all documents promptly upon the Lessor's request. No such action by the Lessor and no attempt
<br /> made by the Lessor to mitigate damages shall constitute a waiver of any of the Lessee's obligations under
<br /> this Section 12.
<br /> v. Should any Authority demand that a cleanup or remediation plan be prepared and that a
<br /> cleanup or remediation be undertaken because of any deposit,spill,discharge or other release of Hazardous
<br /> Materials which occurs during the term of this Lease at or from the Site, or which arises at any time from
<br /> the Lessee's use or occupancy of the Site,then the Lessee shall, in a timely manner and at the Lessee's own
<br /> expense, prepare and submit the required plans and all related bonds and other financial assurances; and
<br /> the Lessee shall carry out all such cleanup or remediation plans. Any such cleanup or remediation plans are
<br /> subject to the Lessor's prior written approval. Although the Lessor reserves the right to review and approve
<br /> such cleanup or remediation plans,the Lessor assumes no responsibility for such plans or their compliance
<br /> with the Environmental Laws.
<br /> C. Indemnification.
<br /> The Lessee shall be fully and completely liable to the Lessor for any and all cleanup and/or
<br /> remediation costs and expenses and any and all other charges,expenses,fees, penalties(civil and criminal)
<br /> imposed by any Authority arising out of the Lessee's use, disposal, transportation, generation, release,
<br /> handling,spillage,storage,treatment,deposit and/or sale of Hazardous Materials on or about the Site. The
<br /> Lessee shall indemnify, defend and save the Lessor harmless from any and all of the costs, expenses,fees,
<br /> penalties and charges assessed against or imposed upon the Lessor (as well as the Lessor's reasonable
<br /> attorney's fees,costs and expenses)by any Authority as a result of the Lessee's use,disposal,transportation,
<br /> generation, release, handling,spillage,storage,treatment,deposit and/or sale of Hazardous Materials or as
<br /> a result of the Lessee's failure to provide all information,make all submissions and/or take all steps required
<br /> by all Authorities under the Environmental Laws.
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