OF THE
SUBLEASED PREMISES.
SUBLESSEE SHALL HAVE THE RIGHT TO INSTALL SUCH SECURITY
EQUIPMENT, INCLUDING WITHOUT LIMITATION, BADGE READERS AND KEY CARD ACCESS
DEVICES, AND OTHER SECURITY RELATED HARDWARE AND EQUIPMENT, ALL OF WHICH SHALL
REMAIN THE PROPERTY OF SUBLESSEE AND SHALL BE REMOVED FROM THE SUBLEASED
PREMISES BY SUBLESSEE UPON THE TERMINATION OR EXPIRATION OF THIS SUBLEASE.
SUBLESSEE SHALL PROMPTLY REPAIR ANY DAMAGE TO THE SUBLEASED PREMISES OCCASIONED
BY THE REMOVAL OF SUCH FIXTURES, HARDWARE OR EQUIPMENT.
24.
HAZARDOUS MATERIALS.
SUBLESSOR HEREBY
AGREES THAT TO THE EXTENT ANY HAZARDOUS MATERIALS ARE CURRENTLY LOCATED IN, ON
OR AROUND THE SUBLEASED PREMISES AND TO THE EXTENT ANY HAZARDOUS MATERIALS ARE
FOUND IN, ON OR AROUND THE SUBLEASED PREMISES AND/OR THE LAND AFTER THE DATE OF
FULL EXECUTION AND DELIVERY OF THIS SUBLEASE AND SAME WERE NOT PLACED IN THE
SUBLEASED PREMISES BY SUBLESSEE, ITS AGENTS, EMPLOYEES, CONTRACTORS, INVITEES OR
LICENSEES, SUBLESSOR SHALL BE RESPONSIBLE FOR ALL COSTS IN CONNECTION WITH SAME,
WHICH COSTS SHALL NOT BE INCLUDED IN OPERATING EXPENSES.
SUBLESSOR AGREES TO
PROMPTLY REMEDIATE ALL SUCH HAZARDOUS MATERIALS TO THE EXTENT REQUIRED BY LAW
(OR ANY GOVERNMENTAL AGENCY WITH JURISDICTION THEREON) TO BE REMOVED, SHALL KEEP
SUBLESSEE INFORMED AS TO THE SCHEDULING OF ANY SUCH REMEDIAL OR RELATED WORK,
AND SHALL INDEMNIFY, DEFEND AND HOLD SUBLESSEE HARMLESS IN CONNECTION
THEREWITH.
SUBLESSOR ACKNOWLEDGES THAT IN CONNECTION WITH THIS SUBLEASE,
SUBLESSEE SHALL BE PERFORMING A PHASE 1 ENVIRONMENTAL SURVEY AND CONDUCTING
OTHER ENVIRONMENTAL AND RELATED TESTING.
SUBLESSOR WARRANTS, THAT EXCEPT AS
PROVIDED BY EXHIBIT "H" ATTACHED HERETO AND MADE A PART HEREOF (THE "DISCLOSURE
NOTICE"), NEITHER SUBLESSOR, THE PRIME LESSOR NOR ANY PRECEDING OWNERS, LESSEES
OR SUBLESSEES OF THE LAND OR SUBLEASED PREMISES HAVE USED ALL, OR ANY PORTION,
OF SAME FOR THE PRODUCTION, DISPOSAL OR STORAGE OF ANY HAZARDOUS MATERIALS (AS
DEFINED BELOW), AND SUBLESSOR IS NOT AWARE OF ANY SUCH PRIOR USE OR ANY
PROCEEDING OR INQUIRY BY A GOVERNMENTAL AUTHORITY WITH RESPECT TO THE PRESENCE
OF SUCH WASTE OR SUBSTANCE ON THE PROPERTY OR THE MOVEMENT THEREOF FROM OR TO
ADJOINING PROPERTY. SUBLESSOR WARRANTS THERE IS NO ASBESTOS IN THE SUBJECT
BUILDING AND PARKING FACILITY.
SUBLESSOR WILL NOT, AT ANY TIME, USE OR PERMIT
THE USE OF ANY PORTION OF SUBLEASED PREMISES, THE BUILDINGS, PARKING FACILITIES,
THE LAND BENEATH ANY OF THEM, OR THE SITE, TO BE USED IN VIOLATION OF ANY
APPLICABLE LAWS, INCLUDING THOSE RELATING TO ENVIRONMENTAL CONDITIONS ON, UNDER
OR ABOUT THE SITE, INCLUDING BUT NOT LIMITED TO ASBESTOS, SOIL AND GROUND WATER
CONDITIONS AND HAZARDOUS MATERIALS.
FURTHER, SUBLESSOR'S COST FOR THE REMOVAL
OF HAZARDOUS MATERIALS FROM SUBLESSOR'S SUBLEASED PREMISES OR THE PROJECT SHALL
BE EXCLUDED FROM OPERATING EXPENSES WHICH WOULD OTHERWISE BE PASSED THROUGH TO
SUBLESSEE INCLUSIVE OF ANY MATERIAL WHICH IS DEEMED TOXIC PRESENTLY OR IN THE
FUTURE. SUBLESSOR SHALL DEFEND, INDEMNIFY AND HOLD SUBLESSEE HARMLESS FROM AND
AGAINST ANY AND ALL LOSSES, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES),
LIABILITIES AND CLAIMS ARISING FROM ANY VIOLATIONS OF THE APPLICABLE LAWS AND/OR
THE EXISTENCE OF HAZARDOUS