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any Authority as a result of the Lessee's use, disposal, transportation, generation, release, handling,
<br /> spillage, storage, treatment, deposit and/or sale of Hazardous Materials or as a result of the Lessee's
<br /> failure to provide all information, make all submissions and/or take all steps required by all
<br /> Authorities under the Environmental Laws.
<br /> ii. The Lessee shall indemnify and hold the Lessor harmless from any and all claims,
<br /> liabilities, lawsuits, damages and expenses, including reasonable attorney's fees, for injuries to
<br /> persons or death, property damage, loss or costs proximately caused by the use, disposal,
<br /> transportation, generation, release, handling, spillage, storage, treatment, deposit and/or sale of
<br /> Hazardous Materials by the Lessee or any of its agents, representatives or employees on or about
<br /> the Premises.
<br /> D. Reporting Requirements. The Lessee shall comply with the Environmental Laws
<br /> requiring the submission, reporting or filing of information concerning Hazardous Materials with
<br /> the Authorities and shall provide to the Lessor a full copy of any such submission, filing or report as
<br /> submitted within fifteen (15)days of such submission.
<br /> E. Right to Check on the Lessee's Environmental Compliance. The Lessor expressly
<br /> reserves the right to conduct, and the Lessee shall fully cooperate in allowing, from time to time,
<br /> such examinations, tests, inspections and reviews of the Premises as the Lessor, in its sole and
<br /> absolute discretion, shall determine to be advisable in order to evaluate any potential environmental
<br /> problems.
<br /> F. Remedies. In the event the Lessee fails to comply with any of the provisions of this
<br /> Section 13, the Lessor shall be entitled to the following rights and remedies in addition to any other
<br /> rights and remedies that may be available to the Lessor:
<br /> i. At the Lessor's option, to terminate this Lease if Lessee fails to cure the default
<br /> upon reasonable notice under the circumstances; and/or
<br /> ii. At the Lessor's option, to perform such response, remediation and/or cleanup as is
<br /> required to bring the Premises and any other property owned by Lessor affected by the Lessee's
<br /> default into compliance with the Environmental Laws and to recover from the Lessee all of the
<br /> Lessor's costs and expenses in connection therewith; and/or
<br /> iii. To recover from the Lessee any and all damages associated with the default
<br /> including, but not limited to, response, remediation and cleanup costs, expenses and charges, civil
<br /> and criminal penalties and fees, adverse impacts on marketing the Premises or any other property
<br /> owned by Lessor, loss of business and sales by Lessor and other of Lessor's lessees, diminution of
<br /> value of the Premises and/or other property owned by Lessor, the loss of or restriction of useful
<br /> space in or on the Premises and/or other property owned by Lessor, and any and all damages and
<br /> claims asserted by third parties and the Lessor's attorney's fees,costs and expenses.
<br /> G. Remediation on Termination of Lease.
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