THIS
LEASE.
TENANT COVENANTS TO INVESTIGATE, CLEAN UP AND OTHERWISE REMEDIATE ANY
RELEASE OF HAZARDOUS MATERIALS CAUSED, OR CREATED BY
(A) TENANT AND/OR (B)
TENANT'S OFFICERS, DIRECTORS, INVITEES, AGENTS, EMPLOYEES, CONTRACTORS OR
REPRESENTATIVES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS ("TENANT INDEMNIFIED
PARTIES") DURING THE TERM; PROVIDED, HOWEVER, THAT TENANT SHALL HAVE NO
LIABILITY FOR FILLING THE PIT PURSUANT TO SECTION 5.4 OF THIS LEASE UNLESS
TENANT NEGLIGENTLY DISPOSES OF HAZARDOUS MATERIALS IN CONNECTION THEREWITH, OR
13
FOR ANY RELEASE OF HAZARDOUS MATERIALS OCCURRING PRIOR TO THE COMMENCEMENT OF
THE LEASE, NOR SHALL TENANT HAVE ANY LIABILITY FOR ANY VIOLATION OF
ENVIRONMENTAL LAWS CAUSED BY LANDLORD OR ANY PRIOR TENANT OWNED IN WHOLE OR IN
PART BY LANDLORD PRIOR TO COMMENCEMENT OF THE LEASE OR ANY THIRD-PARTY TENANT
THAT IS NOT A SUBLESSEE OR ASSIGNEE OF TENANT AFTER COMMENCEMENT OF THE LEASE,
OR ANY HAZARDOUS MATERIALS CONTAINED ON THE PROPERTY PRIOR TO COMMENCEMENT OF
THE LEASE, AS IDENTIFIED IN A PHASE I REPORT TO BE OBTAINED BY TENANT WITHIN
THIRTY (30) DAYS OF COMMENCEMENT OF THE LEASE.
SUCH INVESTIGATION AND
REMEDIATION SHALL BE PERFORMED ONLY AFTER TENANT HAS OBTAINED LANDLORD'S PRIOR
WRITTEN CONSENT; PROVIDED, HOWEVER, THAT TENANT SHALL BE ENTITLED TO RESPOND
IMMEDIATELY TO AN EMERGENCY WITHOUT FIRST OBTAINING SUCH CONSENT PROVIDED TENANT
IS ACTING REASONABLY AND IN GOOD FAITH AND PROMPTLY NOTIFIES LANDLORD OF SUCH
ACTIONS.
ALL REMEDIATION SHALL BE PERFORMED IN STRICT COMPLIANCE WITH
ENVIRONMENTAL LAWS AND TO THE REASONABLE SATISFACTION OF LANDLORD.
TENANT SHALL
NOT ENTER INTO ANY SETTLEMENT AGREEMENT, CONSENT DECREE OR OTHER COMPROMISE WITH
RESPECT TO ANY CLAIMS RELATING TO ANY HAZARDOUS MATERIALS IN ANY WAY CONNECTED
TO THE PREMISES WITHOUT FIRST OBTAINING LANDLORD'S WRITTEN CONSENT (WHICH
CONSENT MAY NOT BE UNREASONABLY WITHHELD).
TENANT SHALL AFFORD LANDLORD THE
REASONABLE OPPORTUNITY TO PARTICIPATE IN ANY SUCH PROCEEDINGS.
(IV)
TENANT SHALL COMPLY WITH ALL ENVIRONMENTAL LAWS IN CONNECTION WITH
ITS USE AND OCCUPANCY OF THE PREMISES.
(V)
TENANT SHALL BE PERMITTED TO USE AND STORE THOSE HAZARDOUS
MATERIALS, AS DEFINED BELOW, THAT ARE USED IN THE NORMAL COURSE OF TENANT'S
BUSINESS IN THE PREMISES, SO LONG AS SUCH HAZARDOUS MATERIALS ARE USED AND
STORED IN COMPLIANCE WITH ALL ENVIRONMENTAL LAWS.
9.3.
DEFINITIONS.
9.3.1.
THE "ENVIRONMENTAL LAWS" SHALL MEAN ANY CURRENT OR FUTURE STATUTE,
LAW, REGULATION, ORDINANCE, GOVERNMENTAL APPROVAL, INJUNCTION, JUDGMENT, ORDER,
CONSENT DECREE, OR OTHER REQUIREMENT OF ANY GOVERNMENTAL AUTHORITY PERTAINING TO
(A) THE PROTECTION OF HEALTH, SAFETY, AND INDOOR OR OUTDOOR ENVIRONMENT, (B) THE
CONSERVATION, MANAGEMENT, OR USE OF NATURAL RESOURCES AND WILDLIFE, (C) THE
PROTECTION OR USE OF SURFACE WATER AND GROUNDWATER, (D) THE MANAGEMENT,
MANUFACTURE, POSSESSION, PRESENCE, USE, GENERATION, TRANSPORTATION, TREATMENT,
STORAGE, DISPOSAL, RELEASE, THREATENED RELEASE, ABATEMENT, REMOVAL, REMEDIATION
OR HANDLING OF, EXPOSURE TO, OR POLLUTION BY ANY HAZARDOUS MATERIALS OR (E)
POLLUTION (INCLUDING ANY RELEASE OR THREATENED RELEASE TO AIR, LAND, SURFACE
WATER, GROUNDWATER AND BUILDING MATERIALS), AND INCLUDES, WITHOUT LIMITATION,
CERCLA (DEFINED BELOW), RCRA (DEFINED BELOW), THE FEDERAL WATER POLLUTION
CONTROL ACT, AS AMENDED BY THE CLEAN WATER ACT OF 1977, 33