THE OPERATION OR MAINTENANCE OF THE PROPERTY OR LESSEE'S BUSINESS OPERATIONS AND
IN COMPLIANCE WITH ALL ENVIRONMENTAL LAWS).
EXCEPT AS PERMITTED BY APPLICABLE
LAWS AND RESTRICTIONS, HAZARDOUS MATERIAL SHALL NOT BE PLACED INTO THE PLUMBING
OR WASTE TREATMENT SYSTEMS OF THE PROPERTY EXCEPT FOR SYSTEMS WHICH ARE DESIGNED
TO ACCEPT HAZARDOUS MATERIAL FOR TREATMENT AND DISCHARGE.
LESSEE COVENANTS THAT
IT SHALL NOT INSTALL OR PERMIT THE INSTALLATION ON THE PROPERTY OF ANY
UNDERGROUND STORAGE TANKS, SURFACE IMPOUNDMENTS OR ASBESTOS-CONTAINING MATERIALS
IN VIOLATION OF, OR IN A MANNER WHICH RESULTS IN LIABILITY UNDER, ANY APPLICABLE
LAWS AND RESTRICTIONS AND SHALL CAUSE ANY ALTERATIONS OF THE PROPERTY UNDERTAKEN
BY, THROUGH OR UNDER LESSEE TO BE DONE IN A WAY SO AS TO NOT EXPOSE PERSONS
WORKING ON OR VISITING THE PROPERTY TO HAZARDOUS MATERIAL EITHER IN EXCESS OF
SAFETY LEVELS ESTABLISHED BY APPLICABLE LAWS AND RESTRICTIONS OR IN SUCH AMOUNTS
OR CONCENTRATIONS AS WOULD RESULT IN ANY LIABILITY TO ANY THIRD PARTY.
NOTWITHSTANDING ANYTHING ELSE THAT MAY BE CONSTRUED TO THE CONTRARY, UPON
BECOMING AWARE OF THE PRESENCE OF TOXIC MOLD AT THE PROPERTY, LESSEE SHALL (I)
UNDERTAKE AN INVESTIGATION TO IDENTIFY THE SOURCE(S) OF SUCH TOXIC MOLD AND
SHALL DEVELOP AND IMPLEMENT AN APPROPRIATE REMEDIATION PLAN TO ELIMINATE THE
PRESENCE OF ANY TOXIC MOLD, (II) PERFORM OR CAUSE TO BE PERFORMED ALL ACTS
REASONABLY NECESSARY FOR THE REMEDIATION OF ANY TOXIC MOLD (INCLUDING TAKING ANY
ACTION NECESSARY TO CLEAN AND DISINFECT ANY PORTIONS OF THE PROPERTY AFFECTED BY
TOXIC MOLD, INCLUDING PROVIDING ANY NECESSARY MOISTURE CONTROL SYSTEMS AT THE
PROPERTY), AND (III) PROVIDE EVIDENCE REASONABLY SATISFACTORY TO LESSOR OF THE
FOREGOING.
SECTION 11.2.
LESSEE'S OBLIGATION WITH RESPECT TO REMEDIAL WORK.
LESSEE'S
RESPONSIBILITY PURSUANT TO SECTION 11.1 INCLUDES THE OBLIGATION AND, PROVIDED NO
EVENT OF DEFAULT EXISTS, EXCLUSIVE RIGHT OF LESSEE TO PERFORM ANY INVESTIGATORY
AND/OR REMEDIAL OR OTHER ACTIVITIES REQUIRED, ORDERED OR RECOMMENDED BY ANY
GOVERNMENTAL AUTHORITY, OR AS OTHERWISE NECESSARY TO AVOID INJURY OR LIABILITY
TO ANY PERSON OR PROPERTY, TO PREVENT THE SPREAD OF ANY HAZARDOUS MATERIALS OR
TO PROVIDE FOR THE CONTINUED SAFE OPERATION OF THE PROPERTY (HEREINAFTER
"REMEDIAL WORK") AND SHALL INCLUDE ANY REMEDIAL WORK CAUSED SOLELY BY THE ACTS
OF THIRD PARTIES, EXCEPT TO THE EXTENT CAUSED BY LESSOR.
LESSEE'S OBLIGATIONS
UNDER SECTION 11.1 EXPRESSLY INCLUDE ANY REMEDIAL WORK REQUIRED RELATING TO ANY
HAZARDOUS MATERIAL EXISTING IN, AT, UNDER OR UPON THE PROPERTY (OTHER THAN ANY
REMEDIAL WORK CAUSED BY LESSOR) BEFORE THE DATE HEREOF.
IF LESSEE FAILS TO
PERFORM THE REMEDIAL WORK IN A REASONABLY PROMPT MANNER AFTER NOTICE FROM LESSOR
(SUBJECT TO LESSEE'S CONTEST RIGHTS UNDER SECTION 10.1), THEN, ON NOT LESS THAN
THIRTY (30) DAYS' NOTICE FROM LESSOR TO LESSEE, LESSOR MAY, AT ITS OPTION AND IN
ITS SOLE DISCRETION, COMMENCE SUCH WORK ITSELF IN COMPLIANCE WITH ENVIRONMENTAL
LAWS, AND LESSEE SHALL PAY ALL
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REASONABLE COSTS THEREBY INCURRED.
UPON COMPLETION OF SUCH REMEDIAL WORK,
LESSEE SHALL PROVIDE AN INSPECTION OR AUDIT OF THE PROPERTY PREPARED BY A
LICENSED HYDROGEOLIST, LICENSED ENVIRONMENTAL