ARE USED BY
TENANT OR ARE HEREAFTER PLACED ON THE PREMISES OR THE PROJECT BY TENANT, TENANT
SHALL INSTALL, USE, MONITOR, OPERATE, MAINTAIN, UPGRADE AND MANAGE SUCH STORAGE
TANKS, MAINTAIN APPROPRIATE RECORDS, OBTAIN AND MAINTAIN APPROPRIATE INSURANCE,
IMPLEMENT REPORTING PROCEDURES, PROPERLY CLOSE ANY STORAGE TANKS, AND TAKE OR
CAUSE TO BE TAKEN ALL OTHER ACTIONS NECESSARY OR REQUIRED UNDER APPLICABLE STATE
AND FEDERAL LEGAL REQUIREMENTS, AS SUCH NOW EXISTS OR MAY HEREAFTER BE ADOPTED
OR AMENDED IN CONNECTION WITH THE INSTALLATION, USE, MAINTENANCE, MANAGEMENT,
OPERATION, UPGRADING AND CLOSURE OF SUCH STORAGE TANKS.
(F)
TENANT'S OBLIGATIONS. TENANT'S OBLIGATIONS UNDER THIS SECTION 30
SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE. DURING ANY
PERIOD OF TIME AFTER THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE
REQUIRED BY TENANT OR LANDLORD TO COMPLETE THE REMOVAL FROM THE PREMISES OF ANY
HAZARDOUS MATERIALS WHICH TENANT IS REQUIRED UNDER THIS LEASE TO REMOVE
(INCLUDING, WITHOUT LIMITATION, THE RELEASE AND TERMINATION OF ANY LICENSES OR
PERMITS RESTRICTING THE USE OF THE PREMISES AND THE COMPLETION OF THE APPROVED
SURRENDER PLAN), TENANT SHALL CONTINUE TO PAY THE FULL RENT IN ACCORDANCE WITH
THIS LEASE FOR ANY PORTION OF THE PREMISES NOT RELET BY LANDLORD IN LANDLORD'S
SOLE DISCRETION, WHICH RENT SHALL BE PRORATED DAILY.
(G)
DEFINITIONS. AS USED HEREIN, THE TERM "ENVIRONMENTAL REQUIREMENTS"
MEANS ALL APPLICABLE PRESENT AND FUTURE STATUTES, REGULATIONS, ORDINANCES,
RULES, CODES, JUDGMENTS, ORDERS OR OTHER SIMILAR ENACTMENTS OF ANY GOVERNMENTAL
AUTHORITY REGULATING OR RELATING TO HEALTH, SAFETY, OR ENVIRONMENTAL CONDITIONS
ON, UNDER, OR ABOUT THE PREMISES OR THE PROJECT, OR THE ENVIRONMENT, INCLUDING
WITHOUT LIMITATION, THE FOLLOWING:
THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT; THE RESOURCE CONSERVATION AND RECOVERY ACT; AND
ALL STATE AND LOCAL COUNTERPARTS THERETO, AND ANY REGULATIONS OR POLICIES
PROMULGATED OR ISSUED THEREUNDER. AS USED HEREIN, THE TERM "HAZARDOUS MATERIALS"
MEANS AND INCLUDES ANY SUBSTANCE, MATERIAL, WASTE, POLLUTANT, OR CONTAMINANT
LISTED OR DEFINED AS HAZARDOUS OR TOXIC, OR REGULATED BY REASON OF ITS IMPACT OR
POTENTIAL IMPACT ON HUMANS, ANIMALS AND/OR THE ENVIRONMENT UNDER ANY
ENVIRONMENTAL REQUIREMENTS, ASBESTOS AND PETROLEUM, INCLUDING CRUDE OIL OR ANY
FRACTION THEREOF, NATURAL GAS LIQUIDS, LIQUEFIED NATURAL GAS, OR SYNTHETIC GAS
USABLE FOR FUEL (OR MIXTURES OF NATURAL GAS AND SUCH SYNTHETIC GAS). AS DEFINED
IN ENVIRONMENTAL REQUIREMENTS, TENANT IS AND SHALL BE DEEMED TO BE THE
"OPERATOR" OF TENANT'S "FACILITY" AND THE "OWNER" OF ALL HAZARDOUS MATERIALS
BROUGHT ON THE PREMISES BY TENANT OR ANY TENANT PARTY, AND THE WASTES,
BY-PRODUCTS, OR RESIDUES GENERATED, RESULTING, OR PRODUCED THEREFROM.
34
(H)
LANDLORD REPRESENTATION AND WARRANTY; BASELINE ENVIRONMENTAL
REPORTS. LANDLORD HEREBY REPRESENTS AND WARRANTS THAT, TO LANDLORD'S ACTUAL
KNOWLEDGE AS OF THE TIME OF THE EXECUTION OF THIS LEASE, AND SUBJECT TO THE
CONTENTS OF THE DOCUMENTS, REPORTS OR OTHER WRITTEN INFORMATION REGARDING THE
ENVIRONMENTAL CONDITION OF THE PROJECT DESCRIBED ON EXHIBIT I HERETO, THE
PROJECT DOES NOT CONTAIN ANY PRE-EXISTING HAZARDOUS MATERIALS IN VIOLATION OF
ANY ENVIRONMENTAL REQUIREMENTS. TENANT HEREBY ACKNOWLEDGES RECEIPT OF ALL ITEMS
SET FORTH ON EXHIBIT I HERETO AND