HOURS AND ON REASONABLE, PRIOR
WRITTEN NOTICE, AND LANDLORD SHALL USE REASONABLE EFFORTS TO MINIMIZE
INTERFERENCE WITH TENANT AND ANY SUBTENANTS, AND SHALL EXERCISE SUCH RIGHT UNDER
THE SUPERVISION OF TENANT'S (AND ANY SUCH SUBTENANT'S) EMPLOYEES, AGENTS OR
DESIGNEES PROVIDED THE SAME ARE MADE REASONABLY AVAILABLE TO LANDLORD FOR SUCH
PURPOSE UPON REASONABLE ADVANCE NOTICE TO TENANT AND ANY SUCH SUBTENANT (AS
APPLICABLE).
72
SECTION 7.7
UTILITIES; SERVICES; NO LANDLORD
RESPONSIBILITY.
TENANT SHALL BE RESPONSIBLE FOR ALL CHARGES FOR GAS,
ELECTRICITY, LIGHT, HEAT, WATER, SEWERAGE AND POWER, FOR PROTECTIVE AND SECURITY
SERVICES, FOR TELEPHONE AND OTHER COMMUNICATION SERVICES, AND FOR ALL OTHER
PUBLIC OR PRIVATE UTILITY SERVICES WHICH SHALL BE USED, RENDERED OR SUPPLIED
UPON OR IN CONNECTION WITH THE DEMISED PREMISES OR THE COMMON ELEMENTS, OR ANY
PART THEREOF, AT ANY TIME DURING THE TERM OF THIS LEASE.
LANDLORD SHALL NOT BE
REQUIRED TO FURNISH ANY SERVICES, UTILITIES OR FACILITIES WHATSOEVER TO THE
DEMISED PREMISES OR THE COMMON ELEMENTS, NOR SHALL LANDLORD HAVE ANY DUTY OR
OBLIGATION TO MAKE ANY ALTERATION OR REPAIR TO THE DEMISED PREMISES OR THE
COMMON ELEMENTS.
TENANT ASSUMES THE FULL AND SOLE RESPONSIBILITY FOR THE
CONDITION, OPERATION, REPAIR, ALTERATION, IMPROVEMENT, REPLACEMENT, MAINTENANCE
AND MANAGEMENT OF THE DEMISED PREMISES AND THE COMMON ELEMENTS.
SECTION 7.8
ENVIRONMENTAL.
TENANT SHALL NOT
UNDERTAKE, PERMIT OR SUFFER ANY ENVIRONMENTAL ACTIVITY IN THE DEMISED PREMISES
OR THE COMMON ELEMENTS OTHER THAN (A) IN COMPLIANCE WITH ALL APPLICABLE
INSURANCE REQUIREMENTS AND LEGAL REQUIREMENTS AND (B) IN SUCH A MANNER AS SHALL
KEEP THE PROPERTY FREE FROM ANY LIEN IMPOSED IN RESPECT OR AS A CONSEQUENCE OF
SUCH ENVIRONMENTAL ACTIVITY.
TENANT SHALL TAKE ALL NECESSARY STEPS TO ENSURE
THAT ANY PERMITTED ENVIRONMENTAL ACTIVITY UNDERTAKEN OR PERMITTED IN THE DEMISED
PREMISES OR THE COMMON ELEMENTS IS UNDERTAKEN IN A MANNER AS TO PROVIDE PRUDENT
SAFEGUARDS AGAINST POTENTIAL RISKS TO HUMAN HEALTH OR THE ENVIRONMENT OR TO THE
DEMISED PREMISES OR THE COMMON ELEMENTS.
TENANT SHALL NOTIFY LANDLORD WITHIN
TWENTY-FOUR (24) HOURS AFTER TENANT BECOMES AWARE OF THE RELEASE OR DISCHARGE OF
ANY HAZARDOUS MATERIALS FROM OR AT THE DEMISED PREMISES OR THE COMMON ELEMENTS
AND TENANT SHALL FORTHWITH REMEDIATE OR REMOVE SUCH HAZARDOUS MATERIALS, SUBJECT
TO THE LAST SENTENCE OF THIS SECTION 7.8.
LANDLORD SHALL HAVE THE RIGHT FROM
TIME TO TIME TO CONDUCT AN ENVIRONMENTAL AUDIT OF THE DEMISED PREMISES AND/OR
THE COMMON ELEMENTS, PROVIDED LANDLORD HAS REASONABLE CAUSE TO BELIEVE
(I) HAZARDOUS MATERIALS HAVE BEEN RELEASED OR DISCHARGED OR IS OTHERWISE PRESENT
AT THE DEMISED PREMISES OR THE COMMON ELEMENTS OR (II) TENANT IS OTHERWISE IN
VIOLATION OF ANY LEGAL REQUIREMENT OR INSURANCE REQUIREMENT RELATING TO
HAZARDOUS MATERIALS, AND LANDLORD PROVIDES WRITTEN NOTICE OF ITS INTENTION TO
CONDUCT AN ENVIRONMENTAL AUDIT TOGETHER WITH A STATEMENT SETTING FORTH THE
REASONS THEREFOR.
TENANT SHALL COOPERATE IN THE CONDUCT OF SUCH ENVIRONMENTAL
AUDIT.
THE COST OF SUCH AUDIT SHALL BE PAYABLE BY TENANT UPON LANDLORD'S DEMAND
THEREFOR; PROVIDED, HOWEVER, THAT IF TENANT OBJECTS TO SUCH AUDIT BY WRITTEN
NOTICE RECEIVED BY LANDLORD PRIOR