GOVERNMENTAL AGENCIES; OR
(D)
THE PRESENCE OF WHICH ON ANY PROPERTY, OR ANY PORTION THEREOF,
CAUSES OR MATERIALLY THREATENS TO CAUSE AN UNLAWFUL NUISANCE UPON SUCH PROPERTY,
OR ANY PORTION THEREOF, OR TO ADJACENT PROPERTIES OR POSES OR MATERIALLY
THREATENS TO POSE A HAZARD TO SUCH PROPERTY, OR ANY PORTION THEREOF, OR TO THE
HEALTH OR SAFETY OF PERSONS; OR
(E)
WITHOUT LIMITATION, WHICH CONTAINS GASOLINE, DIESEL FUEL OR OTHER
PETROLEUM HYDROCARBONS OR VOLATILE ORGANIC COMPOUNDS; OR
(F)
WITHOUT LIMITATION, WHICH CONTAINS POLYCHLORINATED BIPHENYLS
(PCBS) OR ASBESTOS OR UREA FORMALDEHYDE FOAM INSULATION; OR
(G)
WITHOUT LIMITATION, WHICH CONTAINS OR EMITS RADIOACTIVE PARTICLES,
WAVES OR MATERIAL.
9
1.51
"IMMEDIATE FAMILY"
SHALL MEAN, WITH RESPECT TO ANY INDIVIDUAL, SUCH
INDIVIDUAL'S SPOUSE, PARENTS, BROTHERS, SISTERS, CHILDREN (NATURAL OR ADOPTED),
STEPCHILDREN, GRANDCHILDREN, GRANDPARENTS, PARENTS-IN-LAW, BROTHERS-IN-LAW,
SISTERS-IN-LAW, NEPHEWS AND NIECES.
1.52
"IMPOSITIONS"
SHALL MEAN, COLLECTIVELY, ALL TAXES (INCLUDING, WITHOUT
LIMITATION, ALL TAXES IMPOSED UNDER THE LAWS OF ANY STATE, AS SUCH LAWS MAY BE
AMENDED FROM TIME TO TIME, AND ALL AD VALOREM, SALES AND USE, OCCUPANCY, OR
SIMILAR TAXES AS THE SAME RELATE TO OR ARE IMPOSED UPON LANDLORD, TENANT OR THE
BUSINESS CONDUCTED UPON THE LEASED PROPERTY), ASSESSMENTS (INCLUDING, WITHOUT
LIMITATION, ALL ASSESSMENTS FOR PUBLIC IMPROVEMENTS OR BENEFIT, WHETHER OR NOT
COMMENCED OR COMPLETED PRIOR TO THE DATE HEREOF), WATER, SEWER OR OTHER RENTS
AND CHARGES, EXCISES, TAX LEVIES, FEES (INCLUDING, WITHOUT LIMITATION, LICENSE,
PERMIT, INSPECTION, AUTHORIZATION AND SIMILAR FEES), AND ALL OTHER GOVERNMENTAL
CHARGES, IN EACH CASE WHETHER GENERAL OR SPECIAL, ORDINARY OR EXTRAORDINARY,
FORESEEN OR UNFORESEEN, OF EVERY CHARACTER IN RESPECT OF THE LEASED PROPERTY OR
THE BUSINESS CONDUCTED UPON THE LEASED PROPERTY BY TENANT (INCLUDING ALL
INTEREST AND PENALTIES THEREON DUE TO ANY FAILURE IN PAYMENT BY TENANT), WHICH
AT ANY TIME PRIOR TO, DURING OR IN RESPECT OF THE TERM HEREOF MAY BE ASSESSED OR
IMPOSED ON OR IN RESPECT OF OR BE A LIEN UPON (A) LANDLORD'S INTEREST IN THE
LEASED PROPERTY, (B) THE LEASED PROPERTY OR ANY PART THEREOF OR ANY RENT
THEREFROM OR ANY ESTATE, RIGHT, TITLE OR INTEREST THEREIN, OR (C) ANY OCCUPANCY,
OPERATION, USE OR POSSESSION OF, OR SALES FROM, OR ACTIVITY CONDUCTED ON, OR IN
CONNECTION WITH THE LEASED PROPERTY OR THE LEASING OR USE OF THE LEASED PROPERTY
OR ANY PART THEREOF BY TENANT; PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN
SHALL BE CONSTRUED TO REQUIRE TENANT TO PAY AND THE TERM "IMPOSITIONS" SHALL NOT
INCLUDE (I) ANY TAX BASED ON NET INCOME IMPOSED ON LANDLORD, (II) ANY NET
REVENUE TAX OF LANDLORD, (III) ANY TRANSFER FEE (BUT EXCLUDING ANY MORTGAGE OR
SIMILAR TAX PAYABLE IN CONNECTION WITH A PROPERTY MORTGAGE) OR OTHER TAX IMPOSED
WITH RESPECT TO THE SALE, EXCHANGE OR OTHER DISPOSITION BY LANDLORD OF THE
LEASED PROPERTY OR THE PROCEEDS THEREOF, (IV) ANY SINGLE BUSINESS, GROSS
RECEIPTS TAX, TRANSACTION PRIVILEGE, RENT OR SIMILAR TAXES AS THE SAME RELATE TO
OR ARE IMPOSED UPON LANDLORD, (V) ANY INTEREST OR PENALTIES IMPOSED ON LANDLORD
AS A RESULT OF THE FAILURE OF