(II) THE
PREMISES WILL NOT BE USED FOR STORAGE OF ANY HAZARDOUS MATERIALS, EXCEPT FOR
MATERIALS USED IN THE PERMITTED ACTIVITIES WHICH ARE PROPERLY STORED IN A MANNER
AND LOCATION COMPLYING WITH ALL ENVIRONMENTAL LAWS; (III) NO PORTION OF THE
PREMISES OR PROPERTY WILL BE USED BY TENANT OR TENANT'S AGENTS FOR DISPOSAL OF
HAZARDOUS MATERIALS; (IV) TENANT WILL DELIVER TO LANDLORD COPIES OF ALL MATERIAL
SAFETY DATA SHEETS AND OTHER WRITTEN INFORMATION PREPARED BY MANUFACTURERS,
IMPORTERS OR SUPPLIERS OF ANY CHEMICAL; AND (V) TENANT WILL IMMEDIATELY NOTIFY
LANDLORD OF ANY VIOLATION BY TENANT OR TENANT'S AGENTS OF ANY ENVIRONMENTAL LAWS
OR THE RELEASE OR SUSPECTED RELEASE OF HAZARDOUS MATERIALS IN, UNDER OR ABOUT
THE PREMISES, AND TENANT SHALL IMMEDIATELY DELIVER TO LANDLORD A COPY OF ANY
NOTICE, FILING OR PERMIT SENT OR RECEIVED BY TENANT WITH RESPECT TO THE
FOREGOING.
IF AT ANY TIME DURING OR AFTER THE TERM, ANY PORTION OF THE PROPERTY
IS FOUND TO BE CONTAMINATED BY TENANT OR TENANT'S AGENTS OR SUBJECT TO
CONDITIONS PROHIBITED IN THIS LEASE CAUSED BY TENANT OR TENANT'S AGENTS, TENANT
WILL INDEMNIFY, DEFEND AND HOLD LANDLORD HARMLESS FROM ALL CLAIMS, DEMANDS,
ACTIONS, LIABILITIES, COSTS, EXPENSES, ATTORNEYS' FEES, DAMAGES AND OBLIGATIONS
OF ANY NATURE ARISING FROM OR AS A RESULT THEREOF, EXCEPT TO THE EXTENT CAUSED,
IN WHOLE OR IN PART, BY THE LANDLORD OR LANDLORD'S AGENTS, AND LANDLORD SHALL
HAVE THE RIGHT TO DIRECT REMEDIATION ACTIVITIES, ALL OF WHICH SHALL BE PERFORMED
AT TENANT'S COST.
TENANT'S OBLIGATIONS PURSUANT TO THIS SUBSECTION SHALL
SURVIVE THE EXPIRATION OR TERMINATION OF THIS LEASE.
NOTWITHSTANDING ANYTHING
HEREIN TO THE CONTRARY, TENANT SHALL NOT BE RESPONSIBLE FOR COSTS ASSOCIATED
WITH ANY HAZARDOUS MATERIALS TO THE EXTENT THAT SUCH HAZARDOUS MATERIALS
(A) WERE EXISTING ON THE PREMISES OR BUILDING PRIOR TO THE COMMENCEMENT DATE OR
(B) WERE GENERATED, TRANSPORTED, STORED, USED, TREATED, OR DISPOSED OF AT, TO,
FROM, ON, OR IN THE PREMISES OR BUILDING BY THE LANDLORD.
(E)
LANDLORD REPRESENTS TO TENANT THAT LANDLORD HAS RECEIVED NO NOTICE
ALLEGING THAT THE PROPERTY IS IN VIOLATION OF ANY LAWS, INCLUDING, BUT NOT
LIMITED TO ZONING REGULATIONS AND THE ADA.
7
11.
SIGNS.
TENANT SHALL NOT PLACE ANY SIGNS ON THE PROPERTY WITHOUT
THE PRIOR CONSENT OF LANDLORD, OTHER THAN SIGNS THAT ARE LOCATED WHOLLY WITHIN
THE INTERIOR OF THE PREMISES AND NOT VISIBLE FROM THE EXTERIOR OF THE PREMISES.
TENANT SHALL HAVE THE EXCLUSIVE RIGHT TO PLACE A SIGN PANEL IDENTIFYING TENANT
ON THE BUILDING'S MONUMENT SIGN FRONTING HIGHWAY 169.
TENANT SHALL ALSO BE
ENTITLED TO PLACE BUILDING-MOUNTED IDENTIFICATION SIGNAGE ABOVE TENANT'S MAIN
ENTRANCE.
TENANT'S SIGNAGE SHALL BE CONSISTENT WITH LANDLORD'S SIGN CRITERIA
AND OTHERWISE SUBJECT TO LANDLORD'S APPROVAL, WHICH APPROVAL SHALL NOT BE
UNREASONABLY WITHHELD.
TENANT SHALL CAUSE ALL TENANT SIGNAGE TO COMPLY WITH ALL
LAWS.
TENANT SHALL MAINTAIN ALL SIGNS INSTALLED BY TENANT IN GOOD CONDITION.
TENANT SHALL REMOVE ITS SIGNS AT THE TERMINATION OF THIS LEASE, SHALL REPAIR ANY
RESULTING DAMAGE, AND SHALL RESTORE THE PROPERTY TO ITS CONDITION EXISTING PRIOR
TO