TENANT USE.
TENANT AGREES THAT DURING ITS USE AND OCCUPANCY OF THE
PREMISES IT WILL:
(I) NOT (A) PERMIT HAZARDOUS MATERIALS TO BE PRESENT ON OR
ABOUT THE PREMISES EXCEPT IN A MANNER AND QUANTITY NECESSARY FOR THE ORDINARY
PERFORMANCE OF TENANT'S OR ITS SUBTENANTS' BUSINESSES OR (B) RELEASE, DISCHARGE
OR DISPOSE OF ANY HAZARDOUS MATERIALS ON, IN, AT, UNDER, OR EMANATING FROM, THE
PREMISES, THE BUILDINGS OR THE PROJECT (EXCEPT FOR DE MINIMIS AMOUNTS OF
PRODUCTS CONTAINING SMALL QUANTITIES OF HAZARDOUS MATERIALS WHICH PRODUCTS ARE
OF A TYPE CUSTOMARILY FOUND IN OFFICES AND IN FULL COMPLIANCE WITH ANY
ENVIRONMENTAL LAWS); (II) COMPLY WITH ALL ENVIRONMENTAL LAWS RELATING TO THE USE
OF HAZARDOUS MATERIALS ON OR ABOUT THE PREMISES BY TENANT OR TENANT'S AGENTS AND
NOT ENGAGE IN OR PERMIT OTHERS TO ENGAGE IN ANY ACTIVITY AT THE PREMISES IN
VIOLATION OF ANY ENVIRONMENTAL LAWS; AND (III) IMMEDIATELY NOTIFY LANDLORD OF
(A) ANY INQUIRY, TEST, INVESTIGATION OR ENFORCEMENT PROCEEDING BY ANY
GOVERNMENTAL AGENCY OR AUTHORITY AGAINST TENANT, LANDLORD OR THE PREMISES, THE
BUILDINGS OR THE PROJECT RELATING TO ANY HAZARDOUS MATERIALS OR UNDER ANY
ENVIRONMENTAL LAWS OF WHICH TENANT RECEIVES NOTICE OR (B) THE OCCURRENCE OF ANY
EVENT OR EXISTENCE OF ANY CONDITION THAT WOULD CAUSE A BREACH OF ANY OF THE
COVENANTS SET FORTH IN THIS PARAGRAPH XXXIII.
33.04
REMEDIATION.
IF TENANT'S USE OF HAZARDOUS MATERIALS ON OR ABOUT THE
PREMISES DURING THE TERM RESULTS IN A RELEASE, DISCHARGE OR DISPOSAL OF
HAZARDOUS MATERIALS ON, IN, AT, UNDER, OR EMANATING FROM, THE PREMISES, THE
BUILDINGS OR THE PROJECT, TENANT AGREES TO INVESTIGATE, CLEAN UP, REMOVE OR
REMEDIATE SUCH HAZARDOUS MATERIALS IN FULL COMPLIANCE WITH:
(I) THE
REQUIREMENTS OF (A) ALL ENVIRONMENTAL LAWS AND (B) ANY GOVERNMENTAL AGENCY OR
AUTHORITY RESPONSIBLE FOR THE ENFORCEMENT OF ANY ENVIRONMENTAL LAWS; AND
(II) ANY ADDITIONAL REQUIREMENTS OF LANDLORD THAT ARE REASONABLY NECESSARY TO
PROTECT THE VALUE OF THE PREMISES, THE BUILDINGS OR THE PROJECT.
33.05
INSPECTION; ACCESS.
UPON TWENTY-FOUR (24) HOURS' PRIOR NOTICE,
WHICH MAY BE TELEPHONIC, AND SUBJECT TO TENANT'S REASONABLE SECURITY
REQUIREMENTS (EXCEPT IN THE CASE OF AN EMERGENCY IN WHICH CASE NO NOTICE SHALL
BE REQUIRED), LANDLORD MAY INSPECT THE PREMISES AND SURROUNDING AREAS FOR THE
PURPOSE OF DETERMINING WHETHER THERE EXISTS ON OR ABOUT THE PREMISES ANY
HAZARDOUS MATERIAL OR OTHER CONDITION OR ACTIVITY THAT IS IN VIOLATION OF THE
REQUIREMENTS OF THIS LEASE OR OF ANY ENVIRONMENTAL LAWS.
SUCH INSPECTIONS MAY
INCLUDE, BUT ARE NOT LIMITED TO, ENTERING THE PREMISES OR ADJACENT PROPERTY WITH
DRILL RIGS OR OTHER MACHINERY FOR THE PURPOSE OF OBTAINING LABORATORY SAMPLES.
LANDLORD SHALL NOT BE LIMITED IN THE NUMBER OF SUCH INSPECTIONS DURING THE TERM
OF THIS LEASE; PROVIDED, HOWEVER, THAT LANDLORD SHALL USE REASONABLE EFFORTS IN
MINIMIZING DISRUPTION TO TENANT'S BUSINESS OPERATIONS IN THE PREMISES IN
SCHEDULING AND
38
CONDUCTING ANY SUCH INSPECTIONS.
SUCH INSPECTIONS SHALL BE AT LANDLORD'S SOLE
COST AND EXPENSE; PROVIDED, HOWEVER, THAT IN THE EVENT (I) SUCH INSPECTIONS
REVEAL THE PRESENCE OF ANY SUCH HAZARDOUS MATERIAL OR