("OSHA") OR AS DEFINED UNDER 29 CFR 1910 OR 29 CFR
1925 OR OTHER APPLICABLE GOVERNMENTAL LAWS, RULES OR REGULATIONS.
IN THE EVENT
THERE IS A SPILL OF TOXIC OR HAZARDOUS MATERIALS (OTHER THAN PERMITTED OFFICE
SUPPLIES AND KITCHEN CLEANING SUPPLIES) AT THE PREMISES, THE BUILDING OR THE
LAND, TENANT SHALL NOTIFY LANDLORD OF THE METHOD, TIME AND PROCEDURE FOR ANY
CLEAN-UP AND REMOVAL OF SUCH TOXIC OR HAZARDOUS MATERIALS; AND, LANDLORD SHALL
HAVE THE RIGHT TO REQUIRE REASONABLE CHANGES IN SUCH METHOD, TIME OR PROCEDURE.
IN THE EVENT THERE IS A SPILL OF A TOXIC OR HAZARDOUS MATERIAL THAT COMES FROM
OFFICE SUPPLIES IN THE PREMISES, TENANT SHALL NOTIFY LANDLORD IF THE SPILL WOULD
IN ANY WAY ENDANGER OR POSE A THREAT TO TENANT'S EMPLOYEES, BUILDING MAINTENANCE
OR CUSTODIAL PERSONNEL, OTHER BUILDING TENANTS OR THE GENERAL PUBLIC.
IN THE
EVENT OF ANY BREATH OF THIS PROVISION BY TENANT OR ANY CONTAMINATION OF THE
PREMISES, THE BUILDING OR THE LAND, BY TENANT, TENANT SHALL PAY ALL COSTS FOR
THE REMOVAL OR ABATEMENT OR CLEAN-UP OF ANY TOXIC OR HAZARDOUS MATERIALS AT THE
PREMISES, THE BUILDING AND THE LAND.
IF ANY LENDER OR GOVERNMENTAL AGENCY SHALL
EVER REQUIRE TESTING TO ASCERTAIN WHETHER OR NOR THERE HAS BEEN ANY RELEASE OF
HAZARDOUS MATERIALS CAUSED BY TENANT, THEN
18
THE REASONABLE COSTS THEREOF SHALL BE REIMBURSED BY TENANT TO LANDLORD UPON
DEMAND AS ADDITIONAL CHARGES, UNLESS THE TESTING DETERMINES THE HAZARDOUS
MATERIAL WAS NOT CAUSED BY TENANT OR PERSONS ACTING UNDER TENANT.
IN ADDITION,
TENANT SHALL EXECUTE AFFIDAVITS, REPRESENTATIONS AND THE LIKE FROM TIME TO TIME
AT LANDLORD'S REASONABLE REQUEST CONCERNING TENANT'S BEST KNOWLEDGE AND BELIEF
REGARDING THE PRESENCE OF HAZARDOUS SUBSTANCES OR MATERIALS ON THE PREMISES.
IN
ALL EVENTS, TENANT SHALL INDEMNIFY LANDLORD IN THE MANNER ELSEWHERE PROVIDED IN
THIS LEASE FROM ANY RELEASE OF HAZARDOUS MATERIALS ON THE PREMISES OCCURRING
WHILE TENANT IS IN POSSESSION OR ELSEWHERE IF CAUSED BY TENANT OR PERSONS ACTING
UNDER TENANT.
B.
LANDLORD REPRESENTS AND WARRANTS TO TENANT AS OF THE DATE HEREOF
THAT TO LANDLORD'S CURRENT ACTUAL KNOWLEDGE THERE IS NO ENVIRONMENTAL
CONTAMINATION OF THE LAND OTHER THAN AS DISCLOSED IN THE PHASE I ENVIRONMENTAL
SITE ASSESSMENT DATED JULY 22, 2002, PREPARED BY HBC ENGINEERING ("ENVIRONMENTAL
REPORT") A COPY OF WHICH ENVIRONMENTAL REPORT HAS BEEN PROVIDED TO TENANT;
PROVIDED, HOWEVER, LANDLORD MAKES NO REPRESENTATION OR WARRANTY REGARDING THE
ACCURACY OF THE FINDINGS, CONCLUSIONS OR RECOMMENDATIONS CONTAINED IN THE
ENVIRONMENTAL REPORT OR THE QUALIFICATIONS OF THE CONSULTANT WHO PREPARED THE
ENVIRONMENTAL REPORT.
THE TERM "LANDLORD'S CURRENT ACTUAL KNOWLEDGE" AND TERMS
OF SIMILAR IMPORT SHALL HE CONSTRUED TO MEAN THE ACTUAL KNOWLEDGE (AND NOT
CONSTRUCTIVE KNOWLEDGE) OF ROBERT ALTER AND TONY CREME.
C.
THIS PARAGRAPH 23 SHALL SURVIVE THE EXPIRATION OR ANY TERMINATION
OR THIS LEASE.
24.
MISCELLANEOUS.
A.
WORDS OF ANY GENDER USED IN THIS LEASE SHALL BE HELD AND CONSTRUED
TO INCLUDE ANY OTHER GENDER, AND WORDS IN THE SINGULAR NUMBER SHALL BE HELD TO
INCLUDE THE PLURAL, UNLESS THE CONTEXT OTHERWISE REQUIRES.
THE