U.S.C. § 1251 ET
SEQ., THE CLEAN AIR ACT OF 1966, AS AMENDED, 42 U.S.C. § 7401 ET SEQ., TOXIC
SUBSTANCES CONTROL ACT OF 1976, 15 U.S.C. § 2601 ET SEQ., HAZARDOUS MATERIALS
14
TRANSPORTATION ACT, 49 U.S.C. § 1801 ET SEQ., OCCUPATIONAL SAFETY AND HEALTH ACT
OF 1970, AS AMENDED, 29 U.S.C. § 651 ET SEQ., OIL POLLUTION ACT OF 1990, 33
U.S.C. § 2701 ET SEQ., EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT OF
1986, 42 U.S.C. § 111001 ET SEQ., NATIONAL ENVIRONMENTAL POLICY ACT OF 1969, 42
U.S.C. § 4321 ET SEQ., SAFE DRINKING WATER ACT OF 1974, AS AMENDED, 42 U.S.C. §
300(F) ET SEQ., AND ANY COMPARABLE STATE OR MUNICIPAL STATUTE, LAW, REGULATION,
ORDINANCE, RULE, REGULATION, ORDER, POLICY, OR DIRECTIVE ISSUED THEREUNDER.
9.3.2.
"HAZARDOUS MATERIALS" MEANS ANY HAZARDOUS, TOXIC OR
DANGEROUS WASTE, SUBSTANCE OR MATERIAL, POLLUTANT OR CONTAMINANT, AS DEFINED FOR
PURPOSES OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY
ACT OF 1980 (42 U.S.C. SECTIONS 9601 ET SEQ.), AS AMENDED ("CERCLA"), OR THE
RESOURCE CONSERVATION AND RECOVERY ACT (42 U.S.C. SECTIONS 6901 ET SEQ.), AS
AMENDED ("RCRA"), OR ANY OTHER FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR
REGULATION APPLICABLE TO THE PROPERTY, OR ANY SUBSTANCE WHICH IS TOXIC,
EXPLOSIVE, CORROSIVE, FLAMMABLE, INFECTIOUS, RADIOACTIVE, CARCINOGENIC,
MUTAGENIC OR OTHERWISE HAZARDOUS, OR ANY SUBSTANCE WHICH CONTAINS GASOLINE,
DIESEL FUEL OR OTHER PETROLEUM HYDROCARBONS, POLYCHLORINATED BIPHENYLS (PCB'S),
RADON GAS, UREA FORMALDEHYDE, ASBESTOS, OR LEAD.
10.
INSURANCE.
10.1.
INSURANCE TO BE MAINTAINED BY LANDLORD.
LANDLORD
SHALL MAINTAIN (A) SPECIAL PERILS PROPERTY INSURANCE COVERING THE PROPERTY (AT
ITS FULL REPLACEMENT COST), BUT EXCLUDING TENANT'S PROPERTY, AND (B) COMMERCIAL
GENERAL PUBLIC LIABILITY INSURANCE COVERING LANDLORD FOR CLAIMS ARISING OUT OF
LIABILITY FOR BODILY INJURY, DEATH, PERSONAL INJURY, ADVERTISING INJURY AND
PROPERTY DAMAGE OCCURRING IN AND ABOUT THE PROPERTY AND OTHERWISE RESULTING FROM
ANY ACTS AND OPERATIONS OF LANDLORD, ITS AGENTS AND EMPLOYEES, AND (C) RENT LOSS
INSURANCE, ALL OF THE ABOVE WITH LIMITS THAT ARE REQUIRED BY ANY LENDER(S) OF
LANDLORD, OR AS ARE OTHERWISE REASONABLY DETERMINED BY LANDLORD.
THE POLICY
DESCRIBED IN SECTION 10.1(B) SHALL NAME TENANT AND ANY PERMITTED TRANSFEREE AS
ADDITIONAL INSUREDS AND SHALL BE ISSUED BY AN INSURANCE COMPANY WITH A RATING
EQUIVALENT OR BETTER THAN REQUIRED OF TENANT PURSUANT TO SECTION 10.2(B) BELOW
AND SATISFY THE REQUIREMENTS OF SECTION 10.2(C) AND (D) BUT SUBSTITUTING
"LANDLORD" FOR "TENANT" OR "TENANT" FOR "LANDLORD" AS THE CONTEXT REQUIRES.
LANDLORD WILL PROVIDE TENANT PRIOR TO THE COMMENCEMENT DATE WITH A CERTIFICATE
OF INSURANCE, IN A FORM REASONABLY ACCEPTABLE TO TENANT.
10.2.
LIABILITY INSURANCE.
TENANT SHALL PURCHASE AT ITS OWN
EXPENSE AND KEEP IN FORCE DURING THIS LEASE, A POLICY OR POLICIES OF (I)
COMMERCIAL GENERAL LIABILITY INSURANCE, INCLUDING PERSONAL INJURY AND PROPERTY
DAMAGE, IN THE AMOUNT OF NOT LESS THAN $1,000,000.00 PER OCCURRENCE AND
$2,000,000.00 ANNUAL GENERAL AGGREGATE PER LOCATION, AND COMPREHENSIVE
AUTOMOBILE LIABILITY INSURANCE COVERING TENANT AGAINST ANY LOSSES ARISING OUT OF
LIABILITY FOR PERSONAL INJURIES OR DEATHS OF PERSONS AND PROPERTY DAMAGE
OCCURRING IN OR ABOUT THE