AND TIMELY PERFORMANCE OF ITS OBLIGATIONS HEREUNDER, OR ENTITLE TENANT
TO ANY ABATEMENT OF RENT OR ADDITIONAL RENT OR ANY OTHER PAYMENT REQUIRED TO BE
MADE BY TENANT HEREUNDER, OR CONSTITUTE ANY ACCRUAL OR CONSTRUCTIVE EVICTION OF
TENANT, OR OTHERWISE GIVE RISE TO ANY OTHER CLAIM OF ANY NATURE AGAINST
LANDLORD.
29.36
HAZARDOUS SUBSTANCES.
29.36.1
DEFINITIONS.
FOR PURPOSES OF THIS LEASE, THE FOLLOWING
DEFINITIONS SHALL APPLY:
"HAZARDOUS MATERIALS" AND "HAZARDOUS SUBSTANCES" SHALL
MEAN ANY SOLID, LIQUID OR GASEOUS SUBSTANCE OR MATERIAL THAT IS DESCRIBED OR
CHARACTERIZED AS A TOXIC OR HAZARDOUS SUBSTANCE, WASTE, MATERIAL, POLLUTANT,
CONTAMINANT OR INFECTIOUS WASTE, OR ANY MATTER THAT IN CERTAIN SPECIFIED
QUANTITIES WOULD BE INJURIOUS TO THE PUBLIC HEALTH OR WELFARE, OR WORDS OF
SIMILAR IMPORT, IN ANY OF THE "ENVIRONMENTAL LAWS," AS THAT TERM IS DEFINED
BELOW, OR ANY OTHER WORDS WHICH ARE INTENDED TO DEFINE, LIST OR CLASSIFY
SUBSTANCES BY REASON OF DELETERIOUS PROPERTIES SUCH AS IGNITABILITY,
CORROSIVITY, REACTIVITY, CARCINOGENICITY, TOXICITY OR REPRODUCTIVE TOXICITY AND
INCLUDES, WITHOUT LIMITATION, ASBESTOS, PETROLEUM (INCLUDING CRUDE OIL OR ANY
FRACTION THEREOF, NATURAL GAS, NATURAL GAS LIQUIDS, LIQUEFIED NATURAL GAS, OR
SYNTHETIC GAS USABLE FOR FUEL, OR ANY MIXTURE THEREOF), PETROLEUM PRODUCTS,
POLYCHLORINATED BIPHENYLS, UREA FORMALDEHYDE, RADON GAS, NUCLEAR OR RADIOACTIVE
MATTER, MEDICAL WASTE, SOOT, VAPORS, FUMES, ACIDS, ALKALIS, CHEMICALS, MICROBIAL
MATTERS (SUCH AS MOLDS, FUNGI OR OTHER BACTERIAL MATTERS), BIOLOGICAL AGENTS AND
CHEMICALS WHICH MAY CAUSE ADVERSE HEALTH EFFECTS, INCLUDING BUT NOT LIMITED TO,
CANCERS AND /OR TOXICITY.
"ENVIRONMENTAL LAWS" SHALL MEAN ANY AND ALL FEDERAL,
STATE, LOCAL OR QUASI-GOVERNMENTAL LAWS (WHETHER UNDER COMMON LAW, STATUTE OR
OTHERWISE), ORDINANCES, DECREES, CODES, RULINGS, AWARDS, RULES, REGULATIONS OR
GUIDANCE OR POLICY DOCUMENTS NOW OR HEREAFTER ENACTED OR PROMULGATED AND AS
AMENDED FROM TIME TO TIME, IN ANY WAY RELATING TO A) THE PROTECTION OF THE
ENVIRONMENT, THE HEALTH AND SAFETY OF PERSONS (INCLUDING EMPLOYEES), PROPERTY OR
THE PUBLIC WELFARE FROM ACTUAL OR POTENTIAL RELEASE, DISCHARGE, ESCAPE OR
EMISSION (WHETHER PAST OR PRESENT) OF ANY HAZARDOUS MATERIALS OR B) THE
MANUFACTURE, PROCESSING, DISTRIBUTION, USE, TREATMENT, STORAGE, DISPOSAL,
TRANSPORT OR HANDLING OF ANY HAZARDOUS MATERIALS.
29.36.2
COMPLIANCE WITH ENVIRONMENTAL LAWS.
TENANT REPRESENTS AND
WARRANTS THAT, EXCEPT AS HEREIN SET FORTH, IT WILL NOT USE, STORE OR DISPOSE OF
ANY HAZARDOUS MATERIALS IN OR ON THE PREMISES.
HOWEVER, NOTWITHSTANDING THE
PRECEDING SENTENCE, LANDLORD AGREES THAT TENANT MAY USE, STORE AND PROPERLY
DISPOSE OF COMMONLY AVAILABLE HOUSEHOLD
52
CLEANERS AND CHEMICALS TO MAINTAIN THE PREMISES AND TENANT'S ROUTINE OFFICE
OPERATIONS (SUCH AS PRINTER TONER AND COPIER TONER) (HEREINAFTER THE "PERMITTED
CHEMICALS").
LANDLORD AND TENANT ACKNOWLEDGE THAT ANY OR ALL OF THE PERMITTED
CHEMICALS DESCRIBED IN THIS PARAGRAPH MAY CONSTITUTE HAZARDOUS MATERIALS.
HOWEVER, TENANT MAY USE, STORE AND DISPOSE OF SAME, PROVIDED THAT IN DOING SO,
TENANT FULLY COMPLIES WITH ALL ENVIRONMENTAL LAWS.
29.36.3
LANDLORD'S RIGHT OF ENVIRONMENTAL AUDIT.
LANDLORD MAY, UPON
REASONABLE NOTICE TO TENANT, BE GRANTED ACCESS TO AND ENTER THE PREMISES NO MORE
THAN ONCE ANNUALLY TO PERFORM OR CAUSE TO HAVE PERFORMED AN ENVIRONMENTAL
INSPECTION, SITE ASSESSMENT OR AUDIT.