PROPERTY OR LANDLORD.
IF TENANT VIOLATES ANY PROVISION OF THIS
ARTICLE WITH RESPECT TO ANY HAZARDOUS MATERIALS, LANDLORD MAY: (I) REQUIRE THAT
TENANT IMMEDIATELY REMOVE ALL HAZARDOUS MATERIALS FROM THE PREMISES AND
DISCONTINUE USING, STORING AND HANDLING HAZARDOUS MATERIALS IN THE PREMISES,
AND/OR (II) PURSUE SUCH OTHER REMEDIES AS MAY BE AVAILABLE TO LANDLORD UNDER
THIS LEASE OR APPLICABLE LAW.
F.
EXISTING CONDITIONS.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN
TO THE CONTRARY, TENANT SHALL HAVE NO OBLIGATION TO CLEAN UP, OR TO REIMBURSE,
RELEASE, INDEMNIFY OR DEFEND LANDLORD WITH RESPECT TO, HAZARDOUS MATERIALS, IF
ANY, WHICH MAY EXIST IN OR ON THE PREMISES AS OF THE DATE HEREOF, EXCEPT TO THE
EXTENT THAT TENANT KNOWINGLY EXACERBATES THE SAME OR FAILS TO NOTIFY LANDLORD OF
THE EXISTENCE OF ANY SUCH HAZARDOUS MATERIAL AFTER ACQUIRING KNOWLEDGE THEREOF.
AS MORE FULLY PROVIDED UNDER SECTION 7.B ABOVE, LANDLORD, AND NOT TENANT SHALL
BE RESPONSIBLE FOR REMEDYING ANY VIOLATIONS OF LAWS, INCLUDING LAWS GOVERNING
HAZARDOUS MATERIALS, EXISTING IN THE PROPERTY AS OF THE DATE HEREOF AND THE
COSTS AND EXPENSES INCURRED BY LANDLORD IN SO REMEDYING SUCH EXISTING VIOLATIONS
SHALL NOT BE INCLUDED IN EXPENSES.
ARTICLE 31:
DISABILITIES ACTS
The parties acknowledge that the Americans With Disabilities Act of 1990 (42
U.S.C. §12101 et seq.) and regulations and guidelines promulgated thereunder
("ADA"), and any similarly motivated state and local Laws ("Local Barriers
Acts"), as the same may be amended and supplemented from time to time
(collectively referred to herein as the "Disabilities Acts") establish
requirements for business operations, accessibility and barrier removal, and
that such requirements may or may not apply to the Premises and Property
depending on, among other things: (i) whether Tenant's business is deemed a
"public accommodation" or "commercial facility", (ii) whether such requirements
are "readily achievable", and (iii) whether a given alteration affects a
"primary function area" or triggers "path of travel" requirements.
The parties
hereby agree that: (a) Landlord shall be responsible for any required ADA Title
III and related Local Barriers Acts compliance in the common areas, except as
provided below, (b) Tenant shall perform any required ADA Title III and related
Local Barriers Acts compliance in the Premises, and (c) Landlord may perform, or
require that Tenant perform, and Tenant shall be responsible for the cost of,
ADA Title III and related Local Barriers Acts "path of travel" and other
requirements triggered by any public accommodation or other use of, or
alterations in, the Premises.
Tenant shall be responsible for ADA Title I and
related Local Barriers Acts requirements relating to Tenant's employees, and
Landlord shall be responsible for ADA Title I and related Local Barriers Acts
requirements relating to Landlord's employees.
ARTICLE 32:
DEFINITIONS
(A)
"BUILDING" SHALL MEAN THE STRUCTURE (OR THE PORTION THEREOF OWNED
BY LANDLORD) IDENTIFIED IN ARTICLE 1.
(B)
"DEFAULT RATE" SHALL MEAN THE PRIME RATE (AS HEREINAFTER DEFINED)
PLUS FIVE PERCENT (5%) PER ANNUM, OR THE HIGHEST RATE PERMITTED BY APPLICABLE
LAW, WHICHEVER SHALL BE LESS.
"PRIME RATE" SHALL MEAN THE HIGHEST OF THE PRIME