IMPLEMENTED PROGRAMS
TO THEREAFTER PROPERLY HANDLE, STORE OR DISPOSE OF SUCH MATERIAL.
(C)
AS USED HEREIN, THE TERM "HAZARDOUS MATERIAL" MEANS ANY FLAMMABLE
SUBSTANCES, EXPLOSIVES, AND RADIOACTIVE MATERIALS,
AND ANY HAZARDOUS OR TOXIC
SUBSTANCE, MATERIAL OR WASTE OR PETROLEUM DERIVATIVE WHICH IS OR BECOMES
REGULATED BY ANY ENVIRONMENTAL LAW, SPECIFICALLY INCLUDING LIVE ORGANISMS,
VIRUSES AND FUNGI, MEDICAL WASTE, AND SO-CALLED "BIOHAZARD" MATERIALS.
THE TERM
"HAZARDOUS MATERIAL" INCLUDES, WITHOUT LIMITATION, ANY MATERIAL OR SUBSTANCE
WHICH IS (I) DESIGNATED AS A "HAZARDOUS SUBSTANCE" PURSUANT TO SECTION 1311 OF
THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. SECTION 1317), (II) DEFINED
AS A "HAZARDOUS WASTE" PURSUANT TO SECTION 1004 OF THE FEDERAL RESOURCE
CONSERVATION AND RECOVERY ACT, 42 U.S.C. SECTION 6901 ET SEQ. (42 U.S.C.
SECTION 6903), (III) DEFINED AS A "HAZARDOUS SUBSTANCE" PURSUANT TO SECTION 101
OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, 42
U.S.C. SECTION 9601 ET SEQ. (42 U.S.C. SECTION 9601), (IV) DEFINED AS "HAZARDOUS
SUBSTANCE" OR "OIL" UNDER CHAPTER 21E OF THE GENERAL LAWS OF MASSACHUSETTS, OR
(V) A SO-CALLED "BIOHAZARD" OR MEDICAL WASTE, OR IS CONTAMINATED WITH BLOOD OR
OTHER BODILY FLUIDS; AND "ENVIRONMENTAL LAWS" INCLUDE, WITHOUT LIMITATION, THE
LAWS LISTED IN THE PRECEDING CLAUSES (I) THROUGH (IV).
(D)
ANY INCREASE IN THE PREMIUM FOR NECESSARY INSURANCE ON THE
PREMISES OR THE PROJECT WHICH ARISES FROM SUBTENANT'S USE AND/OR STORAGE OF
THESE HAZARDOUS MATERIALS SHALL BE SOLELY AT SUBTENANT'S EXPENSE.
SUBTENANT
SHALL PROCURE AND MAINTAIN AT ITS SOLE EXPENSE SUCH ADDITIONAL INSURANCE AS MAY
BE NECESSARY TO COMPLY WITH ANY REQUIREMENT OF ANY FEDERAL, STATE OR LOCAL
GOVERNMENT AGENCY WITH JURISDICTION.
(E)
SUBTENANT HEREBY COVENANTS AND AGREES TO INDEMNIFY, DEFEND AND
HOLD SUBLANDLORD AND OVERLANDLORD HARMLESS FROM ANY AND ALL CLAIMS, JUDGMENTS,
DAMAGES, PENALTIES, FINES, COSTS, LIABILITIES OR LOSSES (COLLECTIVELY "LOSSES")
WHICH SUBLANDLORD OR OVERLANDLORD MAY REASONABLY INCUR ARISING OUT OF
CONTAMINATION OF REAL ESTATE, THE PREMISES, THE PROJECT, OR OTHER PROPERTY NOT A
PART OF THE PREMISES, WHICH CONTAMINATION ARISES AS A RESULT OF: (I) THE
PRESENCE OF HAZARDOUS MATERIAL IN THE PREMISES OR THE PROJECT, THE PRESENCE OF
WHICH IS CAUSED OR PERMITTED BY SUBTENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS OR
INVITEES, OR (II) FROM A BREACH BY SUBTENANT OF ITS OBLIGATIONS UNDER THIS
SECTION 35; PROVIDED THAT, NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION
CONTAINED IN THIS SUBLEASE TO THE CONTRARY, SUBTENANT SHALL HAVE NO LIABILITY
FOR ANY LOSSES WHICH SUBLANDLORD OR OVERLANDLORD MAY INCUR NOW OR HEREAFTER
ARISING FROM SUBLANDLORD'S USE AND OCCUPANCY OF THE PREMISES AND THE PROJECT OR
PERFORMANCE OF ANY OF ITS OBLIGATIONS UNDER THE TERMS OF THE OVERLEASE OR
HEREUNDER (UNLESS OTHERWISE SET FORTH HEREIN).
THIS INDEMNIFICATION OF
SUBLANDLORD AND OVERLANDLORD BY SUBTENANT INCLUDES, WITHOUT LIMITATION,
REASONABLE COSTS INCURRED IN CONNECTION WITH ANY INVESTIGATION OF SITE
CONDITIONS OR ANY CLEANUP, REMEDIAL, REMOVAL OR RESTORATION WORK REQUIRED BY ANY
FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION BECAUSE OF
HAZARDOUS MATERIAL PRESENT IN THE SOIL OR GROUND WATER ON OR UNDER THE PREMISES
BASED UPON THE CIRCUMSTANCES IDENTIFIED