PARTY DEMAND THAT A CLEANUP
PLAN BE PREPARED AND THAT A CLEANUP BE UNDERTAKEN BECAUSE OF ANY DEPOSIT, SPILL,
DISCHARGE, OR OTHER RELEASE OR PRESENCE OF HAZARDOUS SUBSTANCES THAT OCCURS
DURING THE
3
TERM OF THIS LEASE, AT OR FROM THE LEASED PREMISES, OR WHICH ARISES AT ANY TIME
FROM TENANT'S USE OR OCCUPANCY OF THE LEASED PREMISES, THEN TENANT SHALL, AT
TENANT'S OWN EXPENSE, PREPARE AND SUBMIT THE REQUIRED PLANS AND ALL RELATED
BONDS AND OTHER FINANCIAL ASSURANCES; AND TENANT SHALL CARRY OUT ALL SUCH
CLEANUP PLANS.
TENANT SHALL OBTAIN LANDLORD'S PRIOR WRITTEN APPROVAL OF ALL
SUCH CLEANUP PLANS, WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD.
LANDLORD
AGREES TO PROVIDE REASONABLE ASSISTANCE TO TENANT IN ITS CLEANUP PROVIDED
LANDLORD IS NOT SUBJECTED TO ANY LIABILITY OR COSTS (INCLUDING INTERNAL COSTS)
FOR SUCH ASSISTANCE.
(IV)
TENANT SHALL PROMPTLY PROVIDE ALL INFORMATION REGARDING THE USE,
GENERATION, STORAGE, TRANSPORTATION, OR DISPOSAL OF HAZARDOUS SUBSTANCES THAT IS
REASONABLY REQUESTED BY LANDLORD.
IF TENANT FAILS TO FULFILL ANY DUTY IMPOSED
UNDER THIS SECTION 4.4(C) WITHIN A REASONABLE TIME, LANDLORD MAY DO SO, AND IN
SUCH CASE, TENANT SHALL COOPERATE WITH LANDLORD IN ORDER TO PREPARE ALL
DOCUMENTS LANDLORD REASONABLY DEEMS NECESSARY OR APPROPRIATE TO DETERMINE THE
APPLICABILITY OF THE LAWS TO THE LEASED PREMISES AND TENANT'S USE THEREOF AND
FOR COMPLIANCE THEREWITH, AND TENANT SHALL EXECUTE SUCH DOCUMENTS PROMPTLY UPON
LANDLORD'S REQUEST.
NO SUCH ACTION BY LANDLORD AND NO ATTEMPT MADE BY LANDLORD
TO MITIGATE DAMAGES UNDER ANY LAW SHALL CONSTITUTE A WAIVER OF ANY OF TENANT'S
OBLIGATIONS UNDER THIS SECTION 4.4.
(V)
TENANT COVENANTS, AT ITS OWN COST AND EXPENSE, TO TAKE ANY AND ALL
STEPS NECESSARY TO REMAIN IN COMPLIANCE WITH ALL REQUIREMENTS OF THE METHANE GAS
ORDINANCE ZONE ESTABLISHED BY THE CITY OF SANTA FE SPRINGS, INCLUDING THE CITY'S
REQUIREMENT TO SAMPLE THE FIVE (5) METHANE GAS MONITORING WELLS ON THE LEASED
PREMISES EACH QUARTER, AND TO ANNUALLY PROVIDE SUMMARY REPORTS OF SUCH SAMPLING
TO THE CITY OF SANTA FE SPRINGS FIRE DEPARTMENT.
TENANT SHALL DELIVER A COPY OF
THE QUARTERLY SAMPLING RESULTS TO LANDLORD WITHIN 30 DAYS OF RECEIVING SUCH
SAMPLE RESULTS, AND A COPY OF THE ANNUAL REPORT TO LANDLORD WITHIN 30 DAYS OF
SUBMITTING SUCH REPORT TO THE CITY OF SANTA FE SPRINGS FIRE DEPARTMENT.
TENANT
AGREES TO PROMPTLY PROVIDE LANDLORD WITH A COPY OF ANY NOTICE IT RECEIVES FROM
ANY PARTY, INCLUDING ANY AUTHORITIES, REGARDING THE SANTA FE SPRINGS METHANE GAS
ORDINANCE OR THE 5 METHANE GAS MONITORING WELLS ON THE LEASED PREMISES.
(VI)
TENANT'S OBLIGATIONS AND LIABILITIES UNDER THIS SECTION 4.4(C)
SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.
(D)
(I) TENANT SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS LANDLORD,
AND ITS OFFICERS, DIRECTORS, BENEFICIARIES, SHAREHOLDERS, PARTNERS, AGENTS, AND
EMPLOYEES FROM ALL FINES, SUITS, PROCEDURES, CLAIMS, AND ACTIONS OF EVERY KIND,
AND ALL COSTS ASSOCIATED THEREWITH (INCLUDING ATTORNEYS, AND CONSULTANTS' FEES)
ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DEPOSIT, SPILL, DISCHARGE, OR
OTHER RELEASE OF HAZARDOUS SUBSTANCES THAT OCCURS DURING THE