harmless-fremand-against-any-andall-environmental-damages-including-rheaest-of-remediation-whish
-sufferedas -a-direst result-of-HaeardousSubsta
ncesen-the-Premises-pder-to-L-essee-taking-possessienaFwhisha
re-caused-by-the-grass-negligeneear-willful-missondust
of-Lessor-eilsagents-or-empleyeeL-essor's-obligationsasand-when-required-by-the-Applicable-Requirements,
shalHnclude; but-not-be-limited-torthe eostaf-investi gati
on,femoval,remedietlen-re storatlenand%orabatementa ndahall-suwive-the-expi
ration-or-terminatienakhisL-ease-
(f) Investigations and Remediations.
Lessor-shall-retain-the-responsibility-and-pay-for-any-Investigations-or-remediation
moa su res-req u fired-by-governmenta
/amities-having-jufisdietion-with-respect-to-the-existenseaf-Hazardous-Substances-on-the-Rremi
sec-p rior-to-Lessee taking-pessessiea-anless If such remediation measures is
are required as a result of Lessee's use (including "Alterations", as defined in
paragraph 7.3(a) below) of the Premises,-In-whish-event Lessee shall be
responsible for such payment. Lessee shall cooperate fully In any such
activities at the request of Lessor, including allowing Lessor and Lessor's
agents to have reasonable access to the Premises at-reasonable-times during
business hours in order to carry out Lessor's investigative and remedial
responsibilities. Although notice is not required, Lessor will attempt to
provide verbal notice of Intent to enter.
(g) Lessor Termination Option. If a Hazardous Substance Condition (see Paragraph
9.1(e)) occurs during the term of this Lease, unless Lessee is legally
responsible therefor (in which case Lessee shall make the investigation and
remediation thereof required by the Applicable Requirements and this Lease shall
continue in full force and effect, but subject to Lessor's rights under
Paragraph 6.2(d) and Paragraph 13), Lessor may, at Lessor's option, either (i)
Investigate and remediate such Hazardous Substance Condition, if required, as
soon as reasonably possible at Lessor's expense, in which event this Lease shall
continue in full force and effect, or (ii) If the estimated cost to remediate
such condition exceeds 12 times the then monthly Base Rent or $100,000,
whichever is greater, give written notice to Lessee, within 30 days after
receipt by Lessor of knowledge of the occurrence of such Hazardous Substance
Condition, of Lessor's desire to terminate this Lease as of the date 60 days
following the date of such notice. In the event Lessor elects to give a
termination notice, Lessee may, within 10 days thereafter, give written notice
to Lessor of Lessee's commitment to pay the amount by which the cost of the
remediation of such Hazardous Substance Condition exceeds an amount equal to 12
times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall
provide Lessor with said funds or satisfactory assurance thereof within 30 days
following such commitment. In such event, this Lease shall continue in full
force and effect, and Lessor shall proceed to make such remediation as soon as
reasonably possible after the required funds are available. If Lessee does not
give such notice and provide the required funds or assurance thereof within the
time provided, this Lease shall terminate as of the date specified in Lessor's
notice of termination.
Page 9 of 33
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INITIALS
INITIALS
©1998 - AIR COMMERCIAL REAL ESTATE ASSOCIATION
FORM MTG-4-5/50E
6.3
Lessee's Compliance with Applicable Requirements. Except as
otherwise provided in this Lease, Lessee shall, at Lessee's sole expense, fully,
diligently and in' a timely manner, materially comply with all Applicable
Requirements, the requirements of any applicable fire insurance underwriter or
rating bureau, and the recommendations of Lessor's engineers and/or consultants
which relate in any manner to such Requirements, without regard to whether said
Requirements are