(4) AN EMERGENCY ENVIRONMENTAL CONDITION WHICH IS TENANT'S
RESPONSIBILITY HEREUNDER (COLLECTIVELY "ENVIRONMENTAL DEFAULTS"), LANDLORD SHALL
HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO IMMEDIATELY ENTER THE PREMISES, TO
SUPERVISE AND APPROVE ANY ACTIONS TAKEN BY TENANT TO ADDRESS THE VIOLATION,
RELEASE OR ENVIRONMENTAL CONDITION; AND IN THE EVENT TENANT FAILS TO IMMEDIATELY
ADDRESS SUCH VIOLATION, RELEASE, OR ENVIRONMENTAL CONDITION, OR IF THE LANDLORD
DEEMS IT NECESSARY, THEN LANDLORD MAY PERFORM, AT TENANT'S EXPENSE, ANY LAWFUL
ACTIONS NECESSARY TO ADDRESS THE VIOLATION, RELEASE, OR ENVIRONMENTAL CONDITION.
(III)
LANDLORD HAS THE RIGHT, BUT NOT THE OBLIGATION, TO CURE ANY
ENVIRONMENTAL DEFAULTS, HAS THE RIGHT TO SUSPEND SOME OR ALL OF THE OPERATIONS
OF THE TENANT UNTIL IT HAS DETERMINED TO IS SOLE SATISFACTION THAT APPROPRIATE
MEASURES
24
HAVE BEEN TAKEN, AND HAS THE RIGHT TO TERMINATE THE LEASE UPON THE OCCURRENCE OF
AN ENVIRONMENTAL DEFAULT.
(E)
ADDITIONAL RENT.
ANY EXPENSES WHICH THE LANDLORD INCURS, WHICH
ARE TO BE AT TENANT'S EXPENSE PURSUANT TO THIS ARTICLE, WILL BE CONSIDERED
ADDITIONAL RENT UNDER THIS LEASE AND SHALL BE PAID BY TENANT ON DEMAND BY
LANDLORD.
(F)
INDEMNIFICATION.
TENANT SHALL INDEMNIFY, DEFEND (WITH COUNSEL
APPROVED BY LANDLORD) AND HOLD LANDLORD AND LANDLORD'S AFFILIATES, SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL
CLAIMS, JUDGMENTS, DAMAGES (INCLUDING CONSEQUENTIAL DAMAGES), PENALTIES, FINES,
LIABILITIES, LOSSES, SUITS, ADMINISTRATIVE PROCEEDINGS, COSTS AND EXPENSES OF
ANY KIND OR NATURE, KNOWN OR UNKNOWN, CONTINGENT OR OTHERWISE, WHICH ARISE OUT
OF OR IN ANY WAY RELATED TO THE ACTS OR OMISSIONS OF TENANT, ITS AGENTS,
EMPLOYEES, REPRESENTATIVES, INVITEES, LICENSEES, SUBTENANTS, CUSTOMERS OR
CONTRACTORS DURING OR AFTER THE TERM OF THIS LEASE (INCLUDING, BUT NOT LIMITED
TO, ATTORNEY, CONSULTANT, LABORATORY AND EXPERT FEES AND INCLUDING WITHOUT
LIMITATION, DIMINUTION IN THE VALUE OF THE PREMISES, DAMAGES FOR THE LOSS OR
RESTRICTION ON USE OF RENTABLE OR USABLE SPACE OR OF ANY AMENITY OF THE PREMISES
AND DAMAGES ARISING FROM ANY ADVERSE IMPACT ON MARKETING OF SPACE), ARISING FROM
OR RELATED TO THE USE, PRESENCE, TRANSPORTATION, STORAGE, DISPOSAL, SPILL,
RELEASE OR DISCHARGE OF HAZARDOUS SUBSTANCES ON OR ABOUT THE PREMISES.
(G)
DEFINITIONS.
(I)
"HAZARDOUS SUBSTANCE" MEANS (A) ASBESTOS AND ANY
ASBESTOS-CONTAINING MATERIAL AND ANY SUBSTANCE THAT IS THEN DEFINED OR LISTED
IN, OR OTHERWISE CLASSIFIED PURSUANT TO, ANY ENVIRONMENTAL LAWS OR ANY
APPLICABLE LAWS OR REGULATIONS AS A "HAZARDOUS SUBSTANCE", "HAZARDOUS MATERIAL",
"HAZARDOUS WASTE", "INFECTIOUS WASTE", "TOXIC SUBSTANCE", "TOXIC POLLUTANT" OR
ANY OTHER FORMATION INTENDED TO DEFINE, LIST OR CLASSIFY SUBSTANCES BY REASON OF
DELETERIOUS PROPERTIES SUCH AS IGNITABILITY, CORROSIVITY, REACTIVITY,
CARCINOGENICITY, TOXICITY, REPRODUCTIVE TOXICITY, OR TOXICITY CHARACTERISTIC
LEACHING PROCEDURE (TCLP) TOXICITY, (B) ANY PETROLEUM AND DRILLING FLUIDS,
PRODUCED WATERS, AND OTHER WASTES ASSOCIATED WITH THE EXPLORATION, DEVELOPMENT
OR PRODUCTION OF CRUDE OIL NATURAL GAS, OR GEOTHERMAL RESOURCE, AND
(C) PETROLEUM PRODUCTS, POLYCHLORINATED BIPHENYLS, UREA FORMALDEHYDE, RADON GAS,
RADIOACTIVITY MATERIAL (INCLUDING ANY SOURCE, SPECIAL NUCLEAR, OR BY-PRODUCT
MATERIAL), AND MEDICAL WASTE.
(II)
"ENVIRONMENTAL LAWS" COLLECTIVELY MEANS AND INCLUDES ALL PRESENT
AND FUTURE LAWS AND ANY AMENDMENTS (WHETHER COMMON LAW, STATUTE, RULE,