|
Approved Use on the Leased Premises. Tenant further covenants and agrees that at all times
<br /> during the Term of this Lease, Tenant shall comply with all applicable Environmental Laws (as
<br /> defined below), now or hereafter in effect, regulating Tenant's occupation and/or operation
<br /> and/or use of the Leased Premises or any other portion of the Building. Prior to the expiration
<br /> or termination of this Lease or such earlier time as may be required by Landlord or applicable
<br /> law, Tenant shall, at Tenant's sole cost and expense and in accordance with all Environmental
<br /> Laws and after obtaining Landlord's written consent which may be subject to such conditions as
<br /> Landlord deems necessary, (i) remove from the Leased Premises and the Building any and all
<br /> Hazardous Materials which Tenant, its employees, agents, contractors and/or sublessees, or
<br /> invitees have used, sold, released, generated or disposed of in, on or about the Leased Premises
<br /> or the Building and (ii) restore the Leased Premises and the Building to their condition existing
<br /> prior to the appearance of such use, sale, release,generation or disposal of Hazardous Materials.
<br /> (b) Indemnification. In addition to Tenant's indemnity, defense, and hold
<br /> harmless obligations elsewhere in this Lease, if Tenant breaches this Section 21, or if the use,
<br /> sale, release, generation or disposal of Hazardous Materials caused or permitted by Tenant
<br /> causes contamination or other damage of the Leased Premises or the Building or any property in
<br /> the vicinity of the Building, or if contamination or other damage to the Leased Premises by
<br /> Hazardous Materials otherwise occurs for which Tenant is responsible or otherwise legally liable
<br /> to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend, and hold
<br /> Landlord harmless from any and all liabilities, obligations, charges, losses, damages, penalties,
<br /> claims, demands, actions, suits, judgments, costs, expenses and disbursements (including,
<br /> without limitation, diminution in value of the Leased Premises or the Building, damages arising
<br /> from any adverse impact on marketing of space, and sums paid in settlement of claims,attorneys'
<br /> fees, consultant fees, and expert fees) which arise during or after the Term as a result of such
<br /> contamination or damage. This indemnification of Landlord by Tenant includes, without
<br /> limitation, costs incurred in connection with any investigation of site conditions or any clean-up,
<br /> remedial, removal, or restoration work required by any federal, state, or local governmental
<br /> agency or political subdivision because of Hazardous Materials present in the soil or groundwater
<br /> on or under the Leased Premises or the Building.
<br /> (c) "Hazardous Materials" means any waste, pollutant, contaminant,
<br /> chemical, petroleum product, pesticide, fertilizer, substance, or material that is defined,
<br /> classified, or designated as hazardous, toxic, radioactive, dangerous, or other comparable term
<br /> or category under any Environmental Laws (as defined below), including, but not limited to,
<br /> gasoline, oil or any byproducts or fractions thereof, polychlorinated biphenyls, per- and
<br /> polyfluoroalkyl substances, asbestos, paints, solvents, lead, cyanide, radioactive material, or any
<br /> other materials which have adverse effects on the environment or the health and safety of
<br /> persons.
<br /> (d) "Environmental Laws" means all federal, state, and local laws, statutes,
<br /> rules, regulations, ordinances, and codes, and any judicial or administrative interpretation
<br /> thereof or requirement thereunder, now or hereafter in effect, relating, to the regulation or
<br /> protection of human health, safety, the environment and natural resources, including without
<br /> 15
<br />
|