COST, EXPENSE, LOSS OR DAMAGE (AN "ENVIRONMENTAL
OBLIGATION"), (D) OBSERVE AND COMPLY WITH (OR CAUSE TO BE OBSERVED AND COMPLIED
WITH) ALL APPLICABLE LAWS RELATING TO THE USE, STORAGE, MAINTENANCE AND DISPOSAL
OF HAZARDOUS SUBSTANCES AND ALL ORDERS OR DIRECTIVES FROM ANY OFFICIAL, COURT OR
AGENCY OF COMPETENT JURISDICTION RELATING TO THE USE, STORAGE OR MAINTENANCE, OR
REQUIRING THE REMOVAL, TREATMENT, CONTAINMENT OR OTHER DISPOSITION OF HAZARDOUS
SUBSTANCES, AND (E) PAY OR OTHERWISE DISPOSE (OR CAUSE TO BE PAID OR OTHERWISE
DISPOSED) OF ANY FINE, CHARGE OR IMPOSITION RELATED TO HAZARDOUS SUBSTANCES OR
VIOLATIONS OF APPLICABLE LAW FOR WHICH TENANT OR ANY PERSON CLAIMING BY, THROUGH
OR UNDER TENANT AND/OR LANDLORD ARE LEGALLY LIABLE, UNLESS TENANT SHALL CONTEST
THE SAME IN GOOD FAITH AND BY APPROPRIATE PROCEEDINGS AND THE RIGHT TO USE AND
THE VALUE OF ANY OF THE LEASED PROPERTY IS NOT MATERIALLY AND ADVERSELY AFFECTED
THEREBY.
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If, at any time prior to the termination of this Agreement, Hazardous Substances
(other than those maintained in accordance with Applicable Laws) are discovered
on any Property, subject to Tenant's right to contest the same in accordance
with Article 8, Tenant shall take (and shall cause to be taken) all actions and
incur any and all expenses, as are required by any Government Agency and by
Applicable Law, (i) to clean up and remove from and about such Property all
Hazardous Substances thereon, (ii) to contain and prevent any further discharge,
release or threat of discharge or release of Hazardous Substances on or about
such Property and (iii) to use good faith efforts to eliminate any further
discharge, release or threat of discharge or release of Hazardous Substances on
or about such Property.
4.3.2
ENVIRONMENTAL REPORT.
TENANT SHALL, AT ITS SOLE COST AND EXPENSE,
PROVIDE LANDLORD WITH AN ENVIRONMENTAL REPORT (AS HEREINAFTER DEFINED), PREPARED
BY AN ENVIRONMENTAL CONSULTANT REASONABLY ACCEPTABLE TO LANDLORD AND DATED
WITHIN SIXTY (60) DAYS OF THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT
CONCLUDING, SUBJECT TO CUSTOMARY LIMITATIONS AND STANDARDS, THAT TENANT SHALL
HAVE COMPLIED WITH ALL OF ITS OBLIGATIONS UNDER SECTION 4.3 OF THIS AGREEMENT TO
DATE AND THAT THE LEASED PROPERTY DOES NOT CONTAIN ANY HAZARDOUS SUBSTANCES,
OTHER THAN IN COMPLIANCE WITH APPLICABLE LAWS, AND WHICH, AT LANDLORD'S REQUEST,
TENANT SHALL REMOVE FROM THE LEASED PROPERTY ON OR BEFORE THE EXPIRATION OR
SOONER TERMINATION HEREOF.
AN "ENVIRONMENTAL REPORT" SHALL BE A SO-CALLED
"PHASE I" REPORT OR SUCH OTHER LEVEL OF INVESTIGATION WHICH SHALL BE THE
STANDARD OF DILIGENCE IN THE PURCHASE OR LEASE OF SIMILAR PROPERTY AT THE TIME,
TOGETHER WITH ANY ADDITIONAL INVESTIGATION AND REPORT WHICH WOULD BE NEEDED TO
MAKE THE CONCLUSIONS REQUIRED ABOVE OR WHICH WOULD CUSTOMARILY FOLLOW ANY
DISCOVERY CONTAINED IN ANY INITIAL REPORT(S), AND FOR WHICH THE INVESTIGATION
AND TESTING ON WHICH THE CONCLUSIONS SHALL HAVE BEEN BASED SHALL HAVE BEEN
PERFORMED NOT EARLIER THAN THIRTY (30) DAYS PRIOR TO THE DATE OF SUCH REPORT.
4.3.3
UNDERGROUND STORAGE TANKS.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT
TENANT'S OBLIGATIONS UNDER