TO THE INITIATION OF SUCH AUDIT AND SUCH AUDIT
(AND ANY MORE-DETAILED ENVIRONMENTAL AUDIT OF THE SAME CIRCUMSTANCES (E.G., A
SO-CALLED PHASE II ENVIRONMENTAL ASSESSMENT)) FAILS TO IDENTIFY ANY
ENVIRONMENTAL ACTIVITY IN VIOLATION OF LEGAL REQUIREMENTS, LANDLORD SHALL PAY
THE COSTS OF SUCH AUDIT.
SUCH AUDIT SHALL BE PERFORMED AT REASONABLE TIMES, AT
REASONABLE HOURS AND ON AT LEAST FIVE (5) BUSINESS DAYS NOTICE (EXCEPT IN THE
CASE OF AN EMERGENCY), LANDLORD SHALL MAKE REASONABLE EFFORTS TO MINIMIZE
INTERFERENCE WITH TENANT AND ANY SUBTENANTS, AND SHALL REQUIRE ITS AUDIT
CONTRACTOR TO CARRY COMMERCIAL LIABILITY INSURANCE IN A COMMERCIALLY REASONABLE
AMOUNT, NAMING TENANT AND LANDLORD AS ADDITIONAL INSUREDS, AND TO DELIVER TENANT
EVIDENCE THEREOF NO LESS THAN FIVE (5) BUSINESS DAYS PRIOR TO COMMENCING SUCH
AUDIT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING PORTIONS OF
THIS SECTION 7.8: (A) NOTHING CONTAINED IN THIS SECTION 7.8 SHALL REQUIRE TENANT
TO REMOVE OR REMEDIATE ANY HAZARDOUS WASTE UNLESS REQUIRED TO DO SO BY LEGAL
REQUIREMENTS APPLICABLE TO THE DEMISED PREMISES OR THE COMMON ELEMENTS; AND
(B) TENANT SHALL HAVE THE RIGHT, IN ACCORDANCE WITH SECTION 7.4, TO CONTEST THE
VALIDITY OF ANY LEGAL REQUIREMENT APPLICABLE TO THE REMEDIATION OR REMOVAL OF
HAZARDOUS MATERIALS, PROVIDED TENANT FORTHWITH TAKES ALL NECESSARY
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STEPS TO PREVENT ANY FURTHER DISCHARGE OR RELEASE OF HAZARDOUS MATERIALS OR ANY
OTHER OR FURTHER DETERIORATION TO THE DEMISED PREMISES OR THE COMMON ELEMENTS
CAUSED BY HAZARDOUS MATERIALS; PROVIDED, HOWEVER, THAT, IN ANY EVENT, TENANT MAY
NOT DELAY SUCH REMEDIATION OR REMOVAL DURING THE PENDENCY OF SUCH CONTEST IF THE
PRESENCE OF SUCH HAZARDOUS MATERIALS POSES AN IMMINENT THREAT TO THE DEMISED
PREMISES OR THE COMMON ELEMENTS OR ANY PERSONS OR IF SUCH DELAY COULD EXPOSE
LANDLORD TO INCREASED LIABILITY ARISING FROM SUCH HAZARDOUS MATERIALS.
SECTION 7.9
EQUITABLE RELIEF.
TENANT HEREBY
ACKNOWLEDGES THAT LANDLORD MAY SUFFER IRREPARABLE HARM BY REASON OF A BREACH OR
THREATENED BREACH OF THE PROVISIONS OF THIS ARTICLE VII, AND, ACCORDINGLY, IN
ADDITION TO ANY OTHER REMEDY THAT LANDLORD MAY HAVE UNDER THIS LEASE OR AS MAY
BE PERMITTED BY APPLICABLE LAW, LANDLORD SHALL BE ENTITLED TO SEEK TO ENJOIN THE
ACTION, ACTIVITY OR INACTION THAT GIVES RISE TO SUCH BREACH OR THREATENED BREACH
BY TENANT.
SECTION 7.10
WINDOWS.
TENANT SHALL NOT CLEAN OR
REQUIRE, PERMIT, SUFFER OR ALLOW ANY WINDOW IN THE DEMISED PREMISES OR THE
COMMON ELEMENTS TO BE CLEANED FROM THE OUTSIDE IN VIOLATION OF SECTION 202 OF
THE LABOR LAW OR ANY OTHER LEGAL REQUIREMENTS OR INSURANCE REQUIREMENTS.
SECTION 7.11
ADVERSE POSSESSION.
TENANT SHALL NOT
SUFFER OR PERMIT THE DEMISED PREMISES OR THE COMMON ELEMENTS OR ANY PORTION
THEREOF TO BE USED BY THE PUBLIC OR ANY PERSON WITHOUT RESTRICTION OR IN SUCH
MANNER AS WOULD, WITH THE LAPSE OF TIME, IMPAIR TITLE TO THE DEMISED PREMISES OR
THE COMMON ELEMENTS OR ANY PORTION THEREOF, OR CREATE THE BASIS FOR A LEGITIMATE
CLAIM OR CLAIMS OF ADVERSE USAGE OR ADVERSE POSSESSION BY THE PUBLIC, AS SUCH,
OR ANY PERSON, OR OF IMPLIED