DETERMINED TO BE TENANT'S HAZARDOUS MATERIALS,
TENANT, AT ITS EXPENSE, SHALL COMPLY WITH ALL INVESTIGATION, REMEDIATION OR
OTHER ACTIONS REQUIRED BY ANY APPLICABLE GOVERNMENTAL AUTHORITY AND REASONABLY
APPROVED BY LANDLORD AND SHALL PROMPTLY REIMBURSE LANDLORD FOR ALL COSTS
INCURRED BY LANDLORD IN CONNECTION WITH SUCH INVESTIGATION, ALONG WITH A FIFTEEN
PERCENT (15%) ADMINISTRATIVE FEE TO COVER LANDLORD'S COSTS AND OVERHEAD IN
UNDERTAKING OR SUPERVISING SUCH WORK.
THE REIMBURSEMENT AND ADMINISTRATIVE FEE
SHALL BE ADDITIONAL RENT.
13.7
NOTICES.
TENANT SHALL NOTIFY LANDLORD OF ANY
INQUIRY, TEST, CLAIM, INVESTIGATION OR ENFORCEMENT PROCEEDING BY OR AGAINST
TENANT OR THE PREMISES OR THE PROPERTY KNOWN TO TENANT WITHIN FIVE (5) BUSINESS
DAYS OF OBTAINING KNOWLEDGE THEREOF CONCERNING ANY HAZARDOUS MATERIALS.
TENANT
SHALL IMMEDIATELY NOTIFY LANDLORD OF ANY RELEASE OR DISCHARGE OF HAZARDOUS
MATERIALS ON, IN UNDER OR ABOUT THE PROPERTY.
TENANT ACKNOWLEDGES THAT
LANDLORD, AS THE OWNER OF THE PROPERTY, SHALL HAVE THE SOLE RIGHT AT ITS
ELECTION AND AT TENANT'S EXPENSE, TO NEGOTIATE, DEFEND, APPROVE AND APPEAL ANY
ACTION TAKEN OR ORDER ISSUED WITH REGARD TO TENANT'S HAZARDOUS MATERIALS BY ANY
APPLICABLE GOVERNMENTAL AUTHORITY.
13.8
SURRENDER.
TENANT SHALL SURRENDER THE PREMISES TO
LANDLORD, UPON THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE, FREE OF
TENANT'S HAZARDOUS MATERIALS EXCEPT FOR PERMITTED SUBSTANCES AND OTHER HAZARDOUS
MATERIALS THE PRESENCE OF WHICH WOULD NOT AND COULD NOT REASONABLY BE EXPECTED
TO RESULT IN A VIOLATION OF ANY LEGAL REQUIREMENTS OR POSE A THREAT TO HUMAN
HEALTH OR SAFETY.
IF TENANT FAILS TO SO SURRENDER
35
THE PREMISES, TENANT SHALL INDEMNIFY AND HOLD LANDLORD HARMLESS FROM ALL LOSSES,
COSTS, CLAIMS, DAMAGES AND LIABILITIES RESULTING FROM TENANT'S FAILURE TO
SURRENDER THE PREMISES AS REQUIRED BY THIS SECTION 13.8, INCLUDING, WITHOUT
LIMITATION, (A) ANY CLAIMS OR DAMAGES ARISING IN CONNECTION WITH THE CONDITION
OF THE PREMISES, AND (B) DAMAGES OCCASIONED BY LANDLORD'S INABILITY TO RELET THE
PREMISES OR A REDUCTION IN THE FAIR MARKET AND/OR RENTAL VALUE OF THE BUILDING
OR ANY PORTION THEREOF, BY REASON OF THE EXISTENCE OF ANY TENANT'S HAZARDOUS
MATERIALS.
13.9
SURVIVAL.
THE PROVISIONS OF THIS ARTICLE 13 SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.
14.
INDEMNITY; INSURANCE.
14.1
INDEMNITY.
TENANT SHALL INDEMNIFY, PROTECT, DEFEND
AND SAVE AND HOLD LANDLORD, LANDLORD'S AGENTS (THE "INDEMNIFIED PARTIES")
HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, COSTS, LIABILITIES, CLAIMS,
JUDGMENTS, LIENS, DAMAGES (INCLUDING CONSEQUENTIAL DAMAGES) AND EXPENSES,
INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COSTS, AND
REASONABLE INVESTIGATION COSTS, INCURRED IN CONNECTION WITH OR ARISING FROM:
(A) ANY DEFAULT BY TENANT IN THE OBSERVANCE OR PERFORMANCE OF ANY OF THE TERMS,
COVENANTS OR CONDITIONS OF THIS LEASE ON TENANT'S PART TO BE OBSERVED OR
PERFORMED, INCLUDING TENANTS OBLIGATIONS UNDER ARTICLE 6 WITH RESPECT TO THE
GROUND LEASE, (B) THE USE OR OCCUPANCY OR MANNER OF USE OR OCCUPANCY OF THE
PREMISES, THE BUILDING AND THE PROPERTY BY TENANT AND TENANT'S AGENTS OR ANY
PERSON CLAIMING UNDER TENANT, (C) THE CONDITION OF THE PREMISES, AND ANY
OCCURRENCE ON THE PREMISES, THE BUILDING OR THE PROPERTY