REASONABLE CAUSE TO BELIEVE, THAT ANY HAZARDOUS MATERIAL HAS BEEN RELEASED OR
DISCHARGED UNDER OR ABOUT THE PREMISES, WHETHER OR NOT THE HAZARDOUS MATERIAL IS
IN QUANTITIES THAT WOULD REQUIRE REPORTING TO A PUBLIC AGENCY; (B) TENANT
RECEIVES ANY ORDER OF A GOVERNMENTAL AUTHORITY REQUIRING ANY REMEDIAL WORK
PURSUANT TO ANY HAZARDOUS MATERIALS LAWS; (C) TENANT RECEIVES ANY WARNING,
NOTICE OF INSPECTION, NOTICE OF VIOLATION OR ALLEGED VIOLATION, OR TENANT
RECEIVES NOTICE OR KNOWLEDGE OF ANY PROCEEDING, INVESTIGATION OF ENFORCEMENT
ACTION, PURSUANT TO ANY HAZARDOUS MATERIALS LAWS; OR (D) TENANT RECEIVES WRITTEN
NOTICE OF ANY CLAIMS MADE BY ANY THIRD PARTY AGAINST TENANT OR THE PREMISES
RELATING TO ANY LOSS OR INJURY RESULTING FROM HAZARDOUS MATERIALS.
TENANT SHALL
DELIVER TO LANDLORD COPIES OF ALL TEST RESULTS, REPORTS AND BUSINESS MANAGEMENT
PLANS REQUIRED TO BE FILED WITH ANY GOVERNMENT AGENCY PURSUANT TO ANY HAZARDOUS
MATERIALS LAWS.
34.2.4
ENTRY AND INSPECTION; CURE.
LANDLORD AND ITS AGENTS, EMPLOYEES AND
CONTRACTORS, SHALL HAVE THE RIGHT TO ENTER THE PREMISES AT ALL REASONABLE TIMES
TO INSPECT THE PREMISES AND TENANT'S COMPLIANCE WITH THE TERMS AND CONDITIONS OF
THIS SECTION 34, OR TO CONDUCT INVESTIGATIONS AND TESTS.
NO PRIOR NOTICE TO
TENANT SHALL BE REQUIRED IN THE EVENT OF ANY EMERGENCY, OR IF LANDLORD HAS
REASONABLE CAUSE TO BELIEVE THAT VIOLATIONS BY TENANT OF THIS SECTION 34 HAVE
OCCURRED, OR IF TENANT CONSENTS AT THE TIME OF ENTRY.
IN ALL OTHER CASES,
LANDLORD SHALL GIVE AT LEAST FORTY-EIGHT (48) HOURS' PRIOR WRITTEN NOTICE TO
TENANT.
LANDLORD SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO REMEDY ANY
VIOLATION BY TENANT OF THE PROVISIONS OF THIS SECTION 34, OR TO PERFORM ANY
REMEDIAL WORK.
TENANT SHALL PAY, UPON DEMAND, ALL COSTS INCURRED BY LANDLORD IN
REMEDYING SUCH VIOLATIONS OR PERFORMING ALL REMEDIAL WORK, PLUS INTEREST THEREON
AT THE RATE OF TEN PERCENT (10%) PER ANNUM FROM THE DATE OF DEMAND UNTIL THE
DATE PAID BY THE TENANT.
34.2.5
TERMINATION/EXPIRATION.
UPON TERMINATION OR EXPIRATION OF THIS
LEASE, TENANT SHALL, AT TENANT'S COST, REMOVE ANY EQUIPMENT, IMPROVEMENTS OR
STORAGE FACILITIES UTILIZED IN CONNECTION WITH ANY HAZARDOUS MATERIALS AND SHALL
CLEAN UP, DETOXIFY, REPAIR AND OTHERWISE RESTORE THE PREMISES TO A CONDITION IN
COMPLIANCE WITH APPLICABLE LAWS GOVERNING HAZARDOUS MATERIALS.
UPON TERMINATION
OR EXPIRATION OF THIS LEASE, TENANT SHALL PERMIT LANDLORD, LANDLORD'S AGENTS AND
LANDLORD'S CONTRACTORS AND CONSULTANTS TO ENTER THE PREMISES UPON GIVING TENANT
A TWENTY-FOUR (24) HOUR WRITTEN NOTICE FOR THE PURPOSES OF INSPECTING, AT
TENANT'S COST, THE ENVIRONMENTAL CONDITION OF THE PREMISES, INCLUDING AN AUDIT
OF ANY HAZARDOUS MATERIALS THAT ARE LOCATED ON THE PREMISES; PROVIDED, HOWEVER,
LANDLORD SHALL BE RESPONSIBLE FOR THE COST OF SUCH INSPECTION IN THE EVENT SUCH
INSPECTION DETERMINES THAT THE PREMISES ARE IN MATERIAL COMPLIANCE WITH THIS
LEASE.
34.2.6
INDEMNIFICATION.
AFTER THE TERM COMMENCEMENT DATE, TENANT SHALL
INDEMNIFY, PROTECT, DEFEND AND HOLD LANDLORD AND LANDLORD'S AGENTS HARMLESS FROM
AND AGAINST ANY AND ALL CLAIMS ARISING AFTER THE TERM COMMENCEMENT DATE AND OUT
OF OR IN CONNECTION WITH (A) ANY BREACH OF ANY