REQUIREMENTS OF THIS LEASE.
THE TERM "HAZARDOUS
MATERIALS" MEANS AND INCLUDES ANY SUBSTANCE, MATERIAL, WASTE, POLLUTANT, OR
CONTAMINANT THAT IS REGULATED UNDER ANY ENVIRONMENTAL REQUIREMENT OR THAT MAY
ADVERSELY AFFECT HUMAN HEALTH OR THE ENVIRONMENT, INCLUDING, WITHOUT LIMITATION,
ANY SOLID OR HAZARDOUS WASTE, HAZARDOUS SUBSTANCE, ASBESTOS, PETROLEUM
(INCLUDING CRUDE OIL OR ANY FRACTION THEREOF, NATURAL GAS, SYNTHETIC GAS,
POLYCHLORINATED BIPHENYLS (PCBS), AND RADIOACTIVE MATERIAL).
25.3
TENANT, AT ITS SOLE COST AND EXPENSE, SHALL REMOVE ALL HAZARDOUS
MATERIALS STORED, DISPOSED OF OR OTHERWISE RELEASED BY TENANT, ITS ASSIGNEES,
SUBTENANTS, AGENTS, EMPLOYEES, CONTRACTORS OR INVITEES ONTO OR FROM THE
PREMISES, IN A MANNER AND TO A LEVEL SATISFACTORY TO LANDLORD IN ITS REASONABLE
DISCRETION, BUT IN NO EVENT TO A LEVEL AND IN A MANNER LESS THAN THAT WHICH
COMPLIES WITH ALL ENVIRONMENTAL REQUIREMENTS AND DOES NOT LIMIT ANY FUTURE USES
OF THE PREMISES OR REQUIRE THE RECORDING OF ANY DEED RESTRICTION OR NOTICE
REGARDING THE PREMISES.
TENANT SHALL PERFORM SUCH WORK AT ANY TIME DURING THE
PERIOD OF THE LEASE UPON WRITTEN REQUEST BY LANDLORD OR, IN THE ABSENCE OF A
SPECIFIC REQUEST BY LANDLORD, BEFORE TENANT'S RIGHT TO POSSESSION OF THE
PREMISES TERMINATES OR EXPIRES.
IF TENANT FAILS TO PERFORM SUCH WORK WITHIN THE
TIME PERIOD SPECIFIED BY LANDLORD OR BEFORE TENANT'S RIGHT TO POSSESSION
TERMINATES OR EXPIRES (WHICHEVER IS EARLIER), LANDLORD MAY AT ITS DISCRETION,
AND WITHOUT WAIVING ANY OTHER REMEDY AVAILABLE UNDER THIS LEASE OR AT LAW OR
EQUITY (INCLUDING WITHOUT LIMITATION AN ACTION TO COMPEL TENANT TO PERFORM SUCH
WORK), PERFORM SUCH WORK AT TENANT'S COST.
TENANT SHALL PAY ALL COSTS INCURRED
BY LANDLORD IN PERFORMING SUCH WORK WITHIN TEN (10) DAYS AFTER LANDLORD'S
REQUEST THEREFOR.
SUCH WORK PERFORMED BY LANDLORD IS ON BEHALF OF TENANT AND
TENANT REMAINS THE OWNER, GENERATOR, OPERATOR, TRANSPORTER, AND/OR ARRANGER OF
THE HAZARDOUS MATERIALS FOR PURPOSES OF ENVIRONMENTAL REQUIREMENTS.
TENANT
AGREES NOT TO ENTER INTO ANY AGREEMENT WITH ANY PERSON, INCLUDING WITHOUT
LIMITATION ANY GOVERNMENTAL AUTHORITY, REGARDING THE REMOVAL OF HAZARDOUS
MATERIALS THAT HAVE BEEN DISPOSED OF OR OTHERWISE RELEASED ONTO OR FROM THE
PREMISES WITHOUT THE WRITTEN APPROVAL OF THE LANDLORD.
25.4
TENANT SHALL INDEMNIFY, DEFEND, AND HOLD LANDLORD HARMLESS FROM AND
AGAINST ANY AND ALL LOSSES (INCLUDING, WITHOUT LIMITATION, DIMINUTION IN VALUE
OF THE PREMISES OR THE BUILDING AND LOSS OF RENTAL INCOME FROM THE BUILDING),
CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES (INCLUDING, WITHOUT LIMITATION,
PUNITIVE DAMAGES), EXPENSES (INCLUDING, WITHOUT LIMITATION, REMEDIATION,
REMOVAL, REPAIR, CORRECTIVE ACTION, OR CLEANUP EXPENSES), AND COSTS (INCLUDING,
WITHOUT LIMITATION, ACTUAL ATTORNEYS' FEES, CONSULTANT FEES OR EXPERT FEES AND
INCLUDING, WITHOUT LIMITATION, REMOVAL OR MANAGEMENT OF ANY ASBESTOS BROUGHT
INTO THE PREMISES OR DISTURBED IN
F-55
BREACH OF THE REQUIREMENTS OF THIS ARTICLE 25, REGARDLESS OF WHETHER SUCH
REMOVAL OR MANAGEMENT IS REQUIRED BY LAW) WHICH ARE BROUGHT OR RECOVERABLE
AGAINST, OR SUFFERED OR INCURRED BY LANDLORD AS A RESULT OF ANY RELEASE OF
HAZARDOUS MATERIALS OR ANY BREACH OF THE REQUIREMENTS UNDER THIS SECTION 25.4 BY
TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, SUBTENANTS, ASSIGNEES OR