WITH THE HIGHEST STANDARDS OF REMEDIATION AND
TO THE REASONABLE SATISFACTION OF LANDLORD.
TENANT SHALL BE LIABLE FOR ANY AND
ALL CONDITIONS COVERED HEREBY, AND FOR ALL COSTS RELATING THERETO, THAT ARE
CAUSED OR CREATED BY ANY OR ALL OF TENANT AND ANY OR ALL OF TENANT'S PARTIES.
TENANT SHALL NOT ENTER INTO ANY SETTLEMENT AGREEMENT, CONSENT DECREE OR OTHER
COMPROMISE WITH RESPECT TO ANY CLAIMS RELATING TO ANY HAZARDOUS MATERIALS IN ANY
WAY CONNECTED TO THE PREMISES WITHOUT FIRST OBTAINING LANDLORD'S WRITTEN CONSENT
(WHICH CONSENT MAY BE GIVEN OR WITHHELD IN LANDLORD'S SOLE, BUT REASONABLE,
DISCRETION) AND AFFORDING LANDLORD THE REASONABLE OPPORTUNITY TO PARTICIPATE IN
ANY SUCH PROCEEDINGS.
AS USED HEREIN, THE TERM (X) "ENVIRONMENTAL LAWS" SHALL
MEAN ANY AND ALL LAWS PERTAINING TO HAZARDOUS MATERIALS OR
6
THAT OTHERWISE DEAL WITH, OR RELATE TO, AIR OR WATER QUALITY, AIR EMISSIONS,
SOIL OR GROUND CONDITIONS OR OTHER ENVIRONMENTAL MATTERS OF ANY KIND; AND (Y)
"HAZARDOUS MATERIALS" SHALL MEAN ANY WASTE, MATERIAL OR SUBSTANCE (WHETHER IN
THE FORM OF LIQUIDS, SOLIDS OR GASES, AND WHETHER OR NOT ORGANIC OR INORGANIC OR
EMBEDDED OR AIRBORNE) THAT IS OR MAY BE DEEMED TO BE OR INCLUDE A PESTICIDE,
PETROLEUM, ASBESTOS, POLYCHLORINATED BIPHENYL, RADIOACTIVE MATERIAL, UREA
FORMALDEHYDE OR ANY OTHER POLLUTANT OR CONTAMINANT OR MATERIAL OR SUBSTANCE THAT
IS OR MAY BE DEEMED TO BE HAZARDOUS, TOXIC, IGNITABLE, REACTIVE, CORROSIVE,
DANGEROUS, HARMFUL OR INJURIOUS, OR THAT PRESENTS A RISK TO PUBLIC HEALTH OR TO
THE ENVIRONMENT, AND THAT IS OR BECOMES REGULATED BY ANY ENVIRONMENTAL LAW.
THE
UNDERTAKINGS, COVENANTS AND OBLIGATIONS IMPOSED ON TENANT UNDER THIS SECTION 9.2
SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS LEASE.
9.3.
PRESUMPTIONS.
IN ANY CASE WHERE THERE IS ANY DISPUTE OR
CONTROVERSY REGARDING THE SOURCE OF ANY HAZARDOUS MATERIALS, UNLESS IT IS
CLEARLY AND INDISPUTABLY PROVEN THAT SUCH HAZARDOUS MATERIALS WERE PRESENT IN
THE PREMISES ON OR BEFORE THE LEASE EXECUTION DATE OR THEREAFTER PLACED THEREIN
BY (A)
LANDLORD OR ITS EMPLOYEES, AGENTS OR CONTRACTORS, OR (B) BY ANY TENANT
OF THE BUILDING OTHER THAN TENANT, OR (C) BY ANY OTHER THIRD PARTY NOT
AFFILIATED WITH TENANT, IT SHALL BE CONCLUSIVELY DEEMED FOR ALL PURPOSES OF THIS
LEASE THAT SUCH HAZARDOUS MATERIALS WERE PLACED IN THE PREMISES BY TENANT OR ONE
OF THE TENANT PARTIES.
10.
INSURANCE.
10.1.
INSURANCE TO BE MAINTAINED BY LANDLORD.
LANDLORD SHALL MAINTAIN (A)
"ALL-RISK" PROPERTY INSURANCE POLICY COVERING THE PROPERTY (AT ITS FULL
REPLACEMENT COST), BUT EXCLUDING TENANT'S PROPERTY (DEFINED BELOW), 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.
10.2.
INSURANCE TO BE MAINTAINED BY TENANT.
TENANT SHALL PURCHASE, AT ITS
OWN EXPENSE, AND KEEP