LESSEES OR SUBLESSEES (OTHER
THAN THE LESSEE INDEMNIFIED PARTIES), CONTRACTORS, LICENSEES, CONCESSIONAIRES,
GUESTS, INVITEES, EMPLOYEES, AGENT OR REPRESENTATIVES) OF ANY HAZARDOUS
MATERIALS LAW AFFECTING THE LEASED PROPERTY, OR THE TRANSPORTATION BY LESSOR (OR
ITS LESSEES OR SUBLESSEES (OTHER THAN THE LESSEE INDEMNIFIED PARTIES),
CONTRACTORS, LICENSEES, CONCESSIONAIRES, GUESTS, INVITEES, EMPLOYEES, AGENTS OR
REPRESENTATIVES) OF HAZARDOUS MATERIALS TO OR FROM THE LEASED PROPERTY, OR (III)
ANY AND ALL ENVIRONMENTAL LIABILITIES ARISING UNDER SUBSECTIONS (I) OR (II)
ABOVE, SAVE AND EXCEPT TO THE EXTENT THAT SUCH VIOLATIONS OR SUBSECTIONS (I) OR
(II) ABOVE (A) ARISE DURING THE TERM (EXCEPT TO THE EXTENT EXACERBATED BY
LESSOR'S ACT), OR (B) WERE CAUSED BY THE INTENTIONALLY WRONGFUL ACTS OR GROSSLY
NEGLIGENT ACTS OR FAILURES TO ACT OF LESSEE.
(D)
"HAZARDOUS MATERIALS LAW", FOR PURPOSES OF THIS LEASE, MEANS ANY
FEDERAL, STATE, OR LOCAL LAW, ORDINANCE OR REGULATION OR ANY COURT JUDGMENT
APPLICABLE TO LESSEE OR TO THE LEASED PROPERTY RELATING TO INDUSTRIAL HYGIENE OR
TO ENVIRONMENTAL CONDITIONS INCLUDING, BUT NOT LIMITED TO, THOSE RELATING TO THE
RELEASE, EMISSION OR DISCHARGE OF HAZARDOUS MATERIALS, THOSE IN CONNECTION WITH
THE CONSTRUCTION, FUEL SUPPLY, POWER GENERATION AND TRANSMISSION, WASTE DISPOSAL
OR ANY OTHER OPERATIONS OR PROCESSES RELATING TO THE LEASED PROPERTY.
"HAZARDOUS MATERIALS LAW" INCLUDES, BUT IS NOT LIMITED TO, THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, THE HAZARDOUS
MATERIALS TRANSPORTATION ACT, THE RESOURCES CONSERVATION AND RECOVERY ACT, THE
SOLID WASTE DISPOSAL ACT, THE CLEAN WATER ACT, THE CLEAN AIR ACT, AND ANY
AMENDMENTS TO THESE LAWS OR ENACTMENTS OF OTHER LAWS OCCURRING AFTER THE DATE
HEREOF.
(E)
"HAZARDOUS MATERIALS", FOR PURPOSES OF THIS LEASE AGREEMENT,
INCLUDES FLAMMABLE EXPLOSIVES, RADIOACTIVE MATERIALS, POLYCHLORINATED BIPHENYLS,
ASBESTOS IN ANY FORM WHICH IS OR COULD BECOME FRIABLE, HAZARDOUS WASTES, TOXIC
SUBSTANCES OR OTHER RELATED MATERIAL WHETHER IN THE FORM OF A CHEMICAL, ELEMENT,
COMPOUND, SOLUTION, MIXTURE OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, THOSE
MATERIALS DEFINED AS "HAZARDOUS SUBSTANCES," "HAZARDOUS MATERIALS,"
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"TOXIC SUBSTANCES," "AIR POLLUTANTS," "TOXIC POLLUTANTS," "HAZARDOUS WASTES,"
"EXTREMELY HAZARDOUS WASTES" OR "RESTRICTED HAZARDOUS WASTES" BY HAZARDOUS
MATERIALS LAW, OTHER THAN COMMON CLEANING COMPOUNDS, SOLVENTS AND OTHER
MATERIALS INCIDENTAL TO THE USE AND OPERATION OF THE LEASED PROPERTY AND IN
COMPLIANCE WITH HAZARDOUS MATERIALS LAW.
8.4
LIQUOR LICENSE MATTERS AND INDEMNITIES.
(A)
LESSEE ACKNOWLEDGES THAT IT WILL, ON AN EXCLUSIVE BASIS, PURCHASE,
SERVE AND SELL ALCOHOLIC BEVERAGES ON THE LEASED PROPERTY.
ALL ALCOHOLIC
BEVERAGES TO BE PURCHASED FOR SERVICE OR SALE ON THE LEASED PROPERTY SHALL BE
PURCHASED FROM DISTRIBUTORS AND OTHER SUPPLIERS BY OR IN THE NAME OF LESSEE.
(B)
LESSEE SHALL NOT RELINQUISH ANY LIQUOR LICENSE (OTHER THAN AS
REQUIRED BY A GOVERNMENTAL AUTHORITY) OR TAKE OR FAIL TO TAKE SUCH ACTION WHICH
WOULD CAUSE A SUSPENSION, REVOCATION OR TERMINATION OF SUCH LIQUOR LICENSES AND
SHALL RENEW, EXTEND, REAPPLY FOR AND OTHERWISE CONTINUE ANY SUCH LIQUOR LICENSES
AS NECESSARY TO KEEP SUCH LIQUOR LICENSES IN FULL FORCE AND EFFECT UNTIL THE
EXPIRATION OF THE TERM OF THE LEASE AND LESSEE SHALL OBTAIN ANY NEW LIQUOR