2020/09/23 Council Agenda Packet

transportation, generation, release, handling, spillage, storage, treatment, deposit and/or sale of Hazardous Materials by the Lessee or any of its agents, representatives or employees on or about the Site. D. Reporting Requirements. The Lessee shall comply with the Environmental Laws requiring the submission, reporting or filing of information concerning Hazardous Materials with the Authorities and shall provide to the Lessor a full copy of any such submission, filing or report as submitted within fifteen (15) days of such submission. E. Right to Check on the Lessee's Environmental Comtiliance. The Lessor expressly reserves the right to conduct, and the Lessee shall fully cooperate in allowing, from time to time, such examinations, tests, inspections and reviews of the Site as the Lessor, in its sole and absolute discretion, shall determine to be advisable in order to evaluate any potential environmental problems. F. Remedies. Upon a material default by the Lessee under this Section 12, the Lessor shall be entitled to the following rights and remedies in addition to any other rights and remedies that may be available to the Lessor. i. At the Lessor's option, to terminate this Lease if Lessee fails to cure the default upon reasonable notice under the circumstances; and/or ii. At the Lessor's option, to perform such response, remediation and/or cleanup as is required to bring the Site and any other property owned by Lessor affected by the Lessee's default into compliance with the Environmental Laws and to recover from the Lessee all of the Lessor's costs and expenses in connection therewith; and/or iii. To recover from the Lessee any and all damages associated with 'the default including, but not limited to, response, remediation and cleanup costs, expenses and charges, civil and criminal penalties and fees, adverse impacts on marketing the Site or any other property owned by Lessor, loss of business and sales by Lessor and other of Lessor's lessees, diminution of value of the Site and/or other property owned by Lessor, the loss of or restriction of useful space in or on the Site and/or other property owned by Lessor, and any and all damages and claims asserted by third parties and the Lessor's attorney's fees, costs and expenses. G. Remediation on Termination of Lease. i. Upon the expiration or earlier termination of this Lease, the Lessee shall remove, remedea#e or clean up any Hazardous Materials on, or emanating from, the Site, and the Lessee shall undertake whatever other action may be necessary to bring the Site into full compliance with the Environmental Laws ("Termination Cleanup"). The process for such Termination Cleanup is subject to the Lessor's prior written approval. Although the Lessor reserves the right to review and approve the Termination Cleanup process, the Lessor assumes no responsibility for it or its compliance with the Environmental Laws. Page 9 of22