LAWS, EXCEPT AS DESCRIBED IN THE
ENVIRONMENTAL REPORTS (AS DEFINED BELOW), COPIES OF WHICH HAVE BEEN DELIVERED BY
LANDLORD TO TENANT.
LANDLORD FURTHER COVENANTS THAT DURING THE LEASE TERM,
LANDLORD SHALL COMPLY WITH ALL ENVIRONMENTAL LAWS WITH RESPECT TO LANDLORD'S
ACTIVITIES IN AND AROUND THE PROJECT, AND IN CONNECTION THEREWITH, LANDLORD
SHALL NOT CAUSE ANY HAZARDOUS MATERIALS TO BE INTRODUCED IN, ON OR UNDER THE
PROJECT BY LANDLORD, ITS AGENTS, EMPLOYEES OR CONTRACTORS IN VIOLATION OF
ENVIRONMENTAL LAWS IN EFFECT AT THE TIME OF SUCH INTRODUCTION.
AS USED IN THIS
SECTION 5.2.4, THE TERM "ENVIRONMENTAL REPORTS" COLLECTIVELY REFERS TO THE
FOLLOWING REPORTS PREPARED WITH RESPECT TO THE PROJECT:
(I) THOSE CERTAIN TWO
LETTERS, EACH DATED JUNE 8, 1998 FROM AMERICAN ENVIRONMENTAL SPECIALISTS, CO. TO
MR. KEVIN READ AT LENNAR PARTNERS; (II) THAT CERTAIN BULK ASBESTOS SURVEY DATED
AUGUST 22, 1997 PREPARED BY MCLAREN/HART; (III) THAT CERTAIN PHASE I
ENVIRONMENTAL ASSESSMENT DATED AUGUST 22, 1997 PREPARED BY MCLAREN/HART;
(IV) THAT CERTAIN PHASE I ENVIRONMENTAL SITE ASSESSMENT DATED MARCH 10, 2003
PREPARED BY GEOMATRIX CONSULTANTS, INC.; AND (V) THAT CERTAIN PHASE II
ENVIRONMENTAL SITE ASSESSMENT (DRAFT)
DATED JUNE 24, 2003 PREPARED BY GEOMATRIX
CONSULTANTS, INC.
IN ADDITION, LANDLORD SHALL INDEMNIFY, DEFEND AND HOLD TENANT
HARMLESS FROM AND AGAINST, AND OPERATING EXPENSES SHALL NOT INCLUDE, THE COST OF
REMEDIATION OF ANY HAZARDOUS MATERIALS TO THE EXTENT (A) EXISTING ON THOSE
PORTIONS OF THE PROJECT OWNED BY LANDLORD AS OF THE DATE OF EXECUTION OF THIS
LEASE IN VIOLATION OF APPLICABLE ENVIRONMENTAL LAWS AT SUCH TIME, AND/OR
(B) RESULTING FROM LANDLORD'S BREACH OF ITS REPRESENTATIONS AND/OR COVENANTS SET
FORTH ABOVE IN THIS SECTION 5.2.4.
SUCH INDEMNITY SHALL SURVIVE THE EXPIRATION
OR EARLIER TERMINATION OF THIS LEASE.
FOR PURPOSES HEREOF, "COSTS OF
REMEDIATION" SHALL MEAN THE COSTS ASSOCIATED WITH THE INVESTIGATION, TESTING,
MONITORING, CONTAINMENT, REMOVAL, REMEDIATION, CLEANUP AND/OR ABATEMENT OF ANY
RELEASE OF ANY SUCH HAZARDOUS MATERIALS DESCRIBED IN THE IMMEDIATELY PRECEDING
SENTENCE AS NECESSARY TO COMPLY WITH ANY APPLICABLE ENVIRONMENTAL LAWS.
ARTICLE 6
SERVICES AND UTILITIES
6.1
STANDARD TENANT SERVICES.
THROUGHOUT THE LEASE TERM, LANDLORD
SHALL MANAGE AND OPERATE THE BUILDING IN A FIRST-CLASS MANNER CONSISTENT WITH
THE COMPARABLE BUILDINGS, AND PROVIDE THE
24
FOLLOWING SERVICES AS PART OF OPERATING EXPENSES AND/OR UTILITIES COSTS ON ALL
DAYS DURING THE LEASE TERM IN A FIRST-CLASS MANNER CONSISTENT WITH THE
COMPARABLE BUILDINGS, UNLESS OTHERWISE STATED BELOW.
6.1.1
SUBJECT TO ALL GOVERNMENTAL RULES, REGULATIONS AND GUIDELINES
APPLICABLE THERETO, LANDLORD SHALL PROVIDE HVAC FROM THE HVAC SYSTEM INSTALLED
BY LANDLORD AS PART OF THE BASE, SHELL AND CORE (THE "BASE BUILDING HVAC
SYSTEM") WHEN NECESSARY FOR NORMAL COMFORT FOR NORMAL OFFICE USE IN THE PREMISES
DURING THE BUSINESS HOURS (AS DEFINED BELOW) SO AS TO MAINTAIN AVERAGE
TEMPERATURES WITHIN THE PREMISES WITHIN THE RANGE OF TEMPERATURES THAT ARE
CONSISTENT WITH THE DESIGN SPECIFICATIONS OF THE BASE BUILDING HVAC SYSTEM SET
FORTH IN EXHIBIT H ATTACHED TO THIS LEASE, SUBJECT TO TENANT'S OBLIGATION TO
INSTALL AND MAINTAIN APPROPRIATE EQUIPMENT TO DISTRIBUTE THE HVAC THROUGHOUT THE
PREMISES FROM THE