LAW, ANY LAW REQUIRING THE FILING OF REPORTS AND NOTICES RELATING
TO HAZARDOUS SUBSTANCES, ENVIRONMENTAL LAWS ADMINISTERED BY THE ENVIRONMENTAL
PROTECTION AGENCY, AND ANY SIMILAR STATE AND LOCAL LAWS, ALL AMENDMENTS THERETO
AND ALL REGULATIONS, ORDERS, DECISIONS, AND DECREES NOW OR HEREAFTER PROMULGATED
THEREUNDER CONCERNING THE ENVIRONMENT, INDUSTRIAL HYGIENE OR PUBLIC HEALTH OR
SAFETY).
TENANT SHALL GIVE LANDLORD IMMEDIATE VERBAL AND FOLLOW-UP WRITTEN
NOTICE OF ANY ACTUAL OR THREATENED ENVIRONMENTAL DEFAULT, WHICH ENVIRONMENTAL
DEFAULT TENANT SHALL CURE IN ACCORDANCE WITH ALL ENVIRONMENTAL LAWS AND TO THE
SATISFACTION OF LANDLORD AND ONLY AFTER TENANT HAS OBTAINED LANDLORD'S PRIOR
WRITTEN CONSENT, WHICH SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONED OR
DELAYED.
AN "ENVIRONMENTAL DEFAULT" MEANS ANY OF THE FOLLOWING BY TENANT OR ANY
OF TENANT'S INVITEES:
A VIOLATION OF AN ENVIRONMENTAL LAW; A RELEASE, SPILL OR
DISCHARGE OF A HAZARDOUS MATERIAL ON OR FROM THE PREMISES, THE LAND OR THE
BUILDING; AN ENVIRONMENTAL CONDITION REQUIRING RESPONSIVE ACTION; OR AN
EMERGENCY ENVIRONMENTAL CONDITION.
UPON ANY ENVIRONMENTAL DEFAULT, IN ADDITION
TO ALL OTHER RIGHTS AVAILABLE TO LANDLORD UNDER THIS LEASE, AT LAW OR IN EQUITY,
LANDLORD SHALL HAVE THE RIGHT BUT NOT THE OBLIGATION TO IMMEDIATELY ENTER THE
PREMISES, TO SUPERVISE AND APPROVE ANY ACTIONS TAKEN BY TENANT TO ADDRESS THE
ENVIRONMENTAL DEFAULT, AND, IF TENANT FAILS TO IMMEDIATELY ADDRESS SAME TO
LANDLORD'S SATISFACTION, TO PERFORM, AT TENANT'S SOLE COST AND EXPENSE, ANY
LAWFUL ACTION NECESSARY TO ADDRESS SAME.
IF ANY LENDER OR GOVERNMENTAL AGENCY
SHALL REQUIRE TESTING TO ASCERTAIN WHETHER AN ENVIRONMENTAL DEFAULT IS PENDING
OR THREATENED, THEN TENANT SHALL PAY THE REASONABLE COSTS THEREFOR AS ADDITIONAL
RENT.
PROMPTLY UPON REQUEST, TENANT SHALL EXECUTE FROM TIME TO TIME AFFIDAVITS,
REPRESENTATIONS AND SIMILAR DOCUMENTS CONCERNING TENANT'S KNOWLEDGE AND BELIEF
REGARDING THE PRESENCE OF HAZARDOUS MATERIALS AT OR IN THE PREMISES.
LANDLORD SHALL NOT KNOWINGLY PERMIT THE USE OF ANY HAZARDOUS MATERIALS IN
VIOLATION OF ANY ENVIRONMENTAL LAW IN THE CONSTRUCTION OR DEVELOPMENT OF THE
PROPERTY.
IN THE EVENT LANDLORD IS ADVISED, OR IT SHALL COME TO LANDLORD'S
ATTENTION, THAT HAZARDOUS MATERIALS EXIST IN THE PROPERTY (I.E., IN THE BUILDING
OR IN, ON, OR ABOUT THE LAND), IF MANDATED BY ANY LEGAL REQUIREMENT, LANDLORD
SHALL TAKE ALL REASONABLE STEPS NECESSARY TO PROMPTLY REMOVE, AT LANDLORD'S
EXPENSE, ALL SUCH HAZARDOUS MATERIALS, AND IN DOING SO, LANDLORD SHALL USE ITS
REASONABLE EFFORTS NOT TO MATERIALLY INTERFERE WITH THE CONDUCT OF TENANT'S
BUSINESS; PROVIDED, HOWEVER, THAT LANDLORD SHALL REMOVE ANY HAZARDOUS MATERIALS
FROM THE PREMISES WHICH TENANT, ITS EMPLOYEES, AGENTS, SUBCONTRACTORS OR
SUBTENANTS SHALL HAVE INTRODUCED OR OTHERWISE BROUGHT IN, ON OR ABOUT THE
PREMISES AT TENANT'S EXPENSE.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY,
NO HOLDER OF ANY MORTGAGE (NOR ANY PERSON OR ENTITY CLAIMING BY, THROUGH OR
UNDER ANY SUCH HOLDER) SHALL HAVE ANY LIABILITY UNDER THIS SECTION 6.4 OR ANY
RESPONSIBILITY TO PERFORM ANY OF LANDLORD'S OBLIGATIONS SET FORTH IN THIS
SECTION 6.4.
ASSIGNMENT AND SUBLETTING
TENANT SHALL NOT HAVE THE RIGHT TO ASSIGN, TRANSFER, MORTGAGE OR
OTHERWISE ENCUMBER THIS LEASE OR ITS INTEREST HEREIN WITHOUT FIRST