OPERATIONS OF TENANT.
16.5
DEFINITION OF ENVIRONMENTAL LAWS:
AS USED HEREIN "ENVIRONMENTAL
LAWS" SHALL MEAN ALL LOCAL, STATE OR FEDERAL LAWS, STATUTES, ORDINANCES, RULES,
REGULATIONS, JUDGMENTS, INJUNCTIONS, STIPULATIONS, DECREES, ORDERS, PERMITS,
APPROVALS, TREATIES OR PROTOCOLS NOW OR HEREAFTER ENACTED, ISSUED OR PROMULGATED
BY ANY GOVERNMENTAL AUTHORITY WHICH RELATE TO ANY HAZARDOUS MATERIAL OR TO THE
USE, HANDLING, TRANSPORTATION, PRODUCTION, DISPOSAL, DISCHARGE, RELEASE,
EMISSION, SALE OR STORAGE OF , OR THE EXPOSURE OF ANY PERSON TO, A HAZARDOUS
MATERIAL.
16.6
DEFINITION OF HAZARDOUS MATERIAL:
THE TERM "HAZARDOUS MATERIAL"
SHALL MEAN ANY MATERIAL OR SUBSTANCE THAT IS NOW OR HEREAFTER PROHIBITED OR
REGULATED BY ANY LAW OR THAT IS NOW OR HEREAFTER DESIGNATED BY ANY GOVERNMENTAL
AUTHORITY TO BE RADIOACTIVE, TOXIC, HAZARDOUS OR OTHERWISE A DANGER TO HEALTH,
REPRODUCTION OR THE ENVIRONMENT, INCLUDING, WITHOUT LIMITATION, (I) OIL AND
PETROLEUM PRODUCTS, (II) EXPLOSIVES, (III) RADIOACTIVE SUBSTANCES AND MATERIALS,
(IV) HAZARDOUS, ULTRA-HAZARDOUS OR TOXIC SUBSTANCES OR WASTES, (V) ASBESTOS,
(VI) UREA FORMALDEHYDE, (VII) POLYCHLORINATED BIPHENYLS AND TRANSFORMERS OR
OTHER EQUIPMENT WHICH CONTAIN FLUID CONTAINING POLYCHLORINATED BIPHENYLS, (VIII)
RADON GAS, AND (IX) CHEMICALS, MATERIALS OR SUBSTANCES NOW OR HEREAFTER DEFINED
OR INCLUDED IN THE DEFINITION OF "HAZARDOUS SUBSTANCES", "HAZARDOUS WASTE",
"HAZARDOUS MATERIALS", OR "TOXIC SUBSTANCES", OR WORDS OF SIMILAR IMPORT, UNDER
ANY LAW, INCLUDING, NOT LIMITED TO, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT OF 1980 AS NOW OR HEREAFTER AMENDED ("CERCLA"),
THE HAZARDOUS MATERIALS TRANSPORTATION ACT, AS NOW OR HEREAFTER AMENDED, THE
RESOURCE CONSERVATION RECOVERY ACT, AS NOW OR HEREAFTER AMENDED, THE FEDERAL
37
Water Pollution Control Act, as now or hereafter amended, the Clean Air Act, as
now or hereafter amended, the Occupational Safety and Health Act, as now or
hereafter amended, and similar laws now or hereafter enacted.
16.7
EXCLUSIVE PROVISIONS:
THIS ARTICLE 16 CONSTITUTES THE ENTIRE
AGREEMENT BETWEEN LANDLORD AND TENANT REGARDING HAZARDOUS MATERIALS AND
ENVIRONMENTAL LAWS.
NO OTHER PROVISION OF THIS LEASE SHALL BE DEEMED TO APPLY
THERETO.
ARTICLE 17
GENERAL PROVISIONS
17.1
ESTOPPEL CERTIFICATES:
EACH PARTY AGREES/PROMPTLY FOLLOWING
REQUEST BY THE OTHER TO EXECUTE AND DELIVER TO THE OTHER AN ESTOPPEL
CERTIFICATE, (I) CERTIFYING THAT THIS LEASE IS UNMODIFIED AND IN FULL FORCE AND
EFFECT, OR, IF MODIFIED, STATING THE NATURE OF SUCH MODIFICATION AND CERTIFYING
THAT THIS LEASE, AS SO MODIFIED, IS IN FULL FORCE AND EFFECT AND THE DATE TO
WHICH THE RENT AND OTHER CHARGES ARE PAID IN ADVANCE, IF ANY; AND (II)
ACKNOWLEDGING THAT, TO THE RESPONDING PARTY'S KNOWLEDGE, THERE ARE NOT ANY
UNCURED DEFAULTS ON THE PART OF EITHER PARTY HEREUNDER, OR, IF THERE EXIST ANY
SUCH UNCURED DEFAULTS, STATING THE NATURE OF SUCH UNCURED DEFAULTS; AND (III)
EVIDENCING THE STATUS OF THE LEASE AS MAY BE REQUIRED EITHER BY A LENDER MAKING
A LOAN TO BE SECURED BY TENANT'S ESTATE OR BY A PURCHASER OF THE PREMISES OR
TENANT'S ESTATE.
A PARTY'S FAILURE TO DELIVER AN ESTOPPEL CERTIFICATE AS
REQUIRED HEREIN WITHIN TWENTY (20) DAYS FOLLOWING RECEIPT OF WRITTEN REQUEST
THEREFOR SHALL BE CONCLUSIVE UPON SUCH PARTY THAT AS OF THE