A THREAT TO HUMAN HEALTH OR SAFETY, TENANT, AT ITS EXPENSE,
SHALL PROMPTLY TAKE ALL ACTIONS NECESSARY TO RETURN THE BUILDING AND/OR THE
PROPERTY, TO THE CONDITION EXISTING PRIOR TO THE APPEARANCE OF THE TENANT'S
HAZARDOUS MATERIAL, SUBJECT TO LANDLORD'S RIGHT TO APPROVE TENANT'S PROPOSED
REMEDIATION METHOD.
ON OR PRIOR TO THE TERMINATION DATE, TENANT SHALL CAUSE ALL
TENANT'S HAZARDOUS MATERIALS IN, ON, UNDER OR
33
ABOUT THE BUILDING TO BE REMOVED IN ACCORDANCE WITH AND IN COMPLIANCE WITH ALL
LEGAL REQUIREMENTS.
TENANT SHALL PROMPTLY NOTIFY LANDLORD AND OBTAIN LANDLORD'S
WRITTEN APPROVAL BEFORE TAKING ANY REMEDIAL ACTION IN RESPONSE TO THE PRESENCE
OF ANY TENANT'S HAZARDOUS MATERIALS OR ENTERING INTO ANY SETTLEMENT AGREEMENT,
CONSENT DECREE OR OTHER COMPROMISE WITH RESPECT TO ANY CLAIMS RELATING TO
TENANT'S HAZARDOUS MATERIALS.
13.4
INDEMNITY.
TENANT SHALL INDEMNIFY, DEFEND (BY COUNSEL REASONABLY
ACCEPTABLE TO LANDLORD), PROTECT AND HOLD LANDLORD AND LANDLORD'S TRUSTEES,
DIRECTORS, OFFICERS, AGENTS, SHAREHOLDERS, DIRECT OR INDIRECT BENEFICIAL OWNERS
AND EMPLOYEES, ANY LEASEHOLD MORTGAGEES, AND ANY PRIOR LESSORS, AND THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, "LANDLORD'S AGENTS"), FREE AND
HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, PENALTIES,
FORFEITURES, LOSSES OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' AND
CONSULTANTS' FEES AND OVERSIGHT AND RESPONSE COSTS) TO THE EXTENT ARISING FROM
(A) ENVIRONMENTAL ACTIVITY BY TENANT OR TENANT'S AGENTS; OR (B) FAILURE OF
TENANT OR TENANT'S AGENTS TO COMPLY WITH ANY ENVIRONMENTAL LAW WITH RESPECT TO
TENANT'S ENVIRONMENTAL ACTIVITY; OR (C) TENANT'S FAILURE TO REMOVE TENANT'S
HAZARDOUS MATERIALS AS REQUIRED IN SECTION 13.3.
13.5
NO LIEN.
TENANT SHALL NOT SUFFER ANY LIEN TO BE RECORDED AGAINST
THE BUILDING OR THE PROPERTY AS A CONSEQUENCE OF ANY TENANT'S HAZARDOUS
MATERIALS, INCLUDING ANY SO CALLED STATE, FEDERAL OR LOCAL "SUPER FUND" LIEN
RELATED TO THE REMEDIATION OF ANY TENANT'S HAZARDOUS MATERIALS IN OR ABOUT THE
BUILDING OR THE PROPERTY.
13.6
INVESTIGATION.
IN THE EVENT HAZARDOUS MATERIALS ARE DISCOVERED IN
OR ABOUT THE BUILDING OR THE PROPERTY, AND LANDLORD REASONABLY BELIEVES THAT
SUCH HAZARDOUS MATERIALS ARE TENANT'S HAZARDOUS MATERIALS, THEN LANDLORD SHALL
HAVE THE RIGHT TO APPOINT A CONSULTANT TO CONDUCT AN INVESTIGATION TO DETERMINE
THE NATURE AND EXTENT OF SUCH HAZARDOUS MATERIALS, WHETHER SUCH HAZARDOUS
MATERIALS ARE TENANT'S HAZARDOUS MATERIALS, AND THE CORRECTIVE MEASURES, IF ANY,
REQUIRED TO REMOVE SUCH HAZARDOUS MATERIALS.
IF SUCH HAZARDOUS MATERIALS ARE
DETERMINED TO BE TENANT'S HAZARDOUS MATERIALS, TENANT, AT ITS EXPENSE, SHALL
COMPLY WITH ALL INVESTIGATION, REMEDIATION OR OTHER ACTIONS REQUIRED BY ANY
APPLICABLE GOVERNMENTAL AUTHORITY AND REASONABLY APPROVED BY LANDLORD AND SHALL
PROMPTLY REIMBURSE LANDLORD FOR ALL COSTS INCURRED BY LANDLORD IN CONNECTION
WITH SUCH INVESTIGATION, ALONG WITH A FIFTEEN PERCENT (15%) ADMINISTRATIVE FEE
TO COVER LANDLORD'S COSTS AND OVERHEAD IN UNDERTAKING OR SUPERVISING SUCH WORK.
THE REIMBURSEMENT AND ADMINISTRATIVE FEE SHALL BE ADDITIONAL RENT.
13.7
NOTICES.
TENANT SHALL NOTIFY LANDLORD OF ANY INQUIRY, TEST, CLAIM,
INVESTIGATION OR ENFORCEMENT PROCEEDING BY OR AGAINST TENANT OR THE PREMISES OR
THE PROPERTY KNOWN TO TENANT WITHIN FIVE (5) BUSINESS DAYS OF OBTAINING
KNOWLEDGE THEREOF CONCERNING ANY HAZARDOUS MATERIALS.
TENANT SHALL IMMEDIATELY