OF
LANDLORD SHALL BE HIGHER THAN IT OTHERWISE WOULD BE, BUT FOR SUCH ACT OR
OMISSION, TENANT SHALL REIMBURSE LANDLORD FOR THAT PART OF THE PREMIUMS FOR SUCH
INSURANCE PAID BY LANDLORD BECAUSE OF SUCH ACT OR OMISSION ON THE PART OF
TENANT, WHICH SUM SHALL BE ADDITIONAL RENT AND PAYABLE WITHIN FIVE (5) DAYS OF
DEMAND.
IF, DUE TO THE OCCUPANCY OR ABANDONMENT OF, OR TENANT'S FAILURE TO
OCCUPY, THE PREMISES AS
31
HEREIN PROVIDED, ANY SUCH INSURANCE SHALL BE CANCELED BY THE INSURANCE CARRIER,
THEN, IN ANY OF SUCH EVENTS, TENANT HEREBY INDEMNIFIES LANDLORD AGAINST
LIABILITY WHICH WOULD HAVE BEEN COVERED BY SUCH INSURANCE.
LANDLORD SHALL GIVE
TENANT NOTICE OF ANY SUCH CANCELLATION PROMPTLY AFTER LANDLORD SHALL HAVE
RECEIVED WRITTEN NOTICE THEREOF.
TENANT SHALL ALSO PAY ANY INCREASE IN PREMIUMS
ON ANY RENT INSURANCE CARRIED BY LANDLORD FOR ITS PROTECTION AGAINST RENT LOSS
THROUGH FIRE OR CASUALTY IF SUCH INCREASE SHALL RESULT FROM ANY OF THE FOREGOING
EVENTS.
13.
HAZARDOUS MATERIALS.
13.1
DEFINITIONS.
AS USED IN THIS LEASE, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A)
"ENVIRONMENTAL ACTIVITY" MEANS ANY USE, STORAGE, HOLDING, RELEASE,
EMISSION, DISCHARGE, MANUFACTURING, GENERATION, PROCESSING, ABATEMENT, REMOVAL,
DISPOSITION, HANDLING, TRANSPORTATION, DISCHARGE OR RELEASE OF ANY HAZARDOUS
MATERIALS FROM, INTO, ON OR UNDER THE BUILDING, THE COMMON AREA OR THE PROPERTY.
(B)
"ENVIRONMENTAL LAWS" MEAN ALL LEGAL REQUIREMENTS, NOW OR HEREAFTER
IN EFFECT, RELATING TO ENVIRONMENTAL CONDITIONS, INDUSTRIAL HYGIENE OR HAZARDOUS
MATERIALS ON, UNDER OR ABOUT THE PROPERTY, INCLUDING WITHOUT LIMITATION THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS
AMENDED, 42 U.S.C. SECTION 9601, ET SEQ., THE HAZARDOUS MATERIALS TRANSPORTATION
ACT, 49 U.S.C. SECTION 1801, ET SEQ., THE SOLID WASTE DISPOSAL ACT, 42 U.S.C.
SECTION 6901, ET SEQ., THE CLEAN WATER ACT, 33 U.S.C. SECTION 1251, ET SEQ., THE
CLEAN AIR ACT, 42 U.S.C. SECTION 7401, ET SEQ., THE TOXIC SUBSTANCES CONTROL
ACT, 15 U.S.C. SECTION 2601 THROUGH 2629, THE SAFE DRINKING WATER ACT, 42 U.S.C.
SECTIONS 300F THROUGH 300J, AND ANY SIMILAR STATE AND LOCAL LAWS AND ORDINANCES
AND THE REGULATIONS NOW OR HEREAFTER ADOPTED AND PUBLISHED AND/OR PROMULGATED
PURSUANT THERETO.
(C)
"HAZARDOUS MATERIAL" MEANS ANY CHEMICAL, SUBSTANCE, MEDICAL OR
OTHER WASTE OR COMBINATION THEREOF WHICH IS OR MAY BE HAZARDOUS TO THE
ENVIRONMENT OR HUMAN OR ANIMAL HEALTH OR SAFETY DUE TO ITS RADIOACTIVITY,
IGNITABILITY, CORROSIVITY, REACTIVITY, EXPLOSIVITY, TOXICITY, CARCINOGENICITY,
MUTAGENICITY, PHYTOTOXICITY OR OTHER HARMFUL OR POTENTIALLY HARMFUL PROPERTIES
OR EFFECTS.
HAZARDOUS MATERIALS SHALL INCLUDE, WITHOUT LIMITATION, PETROLEUM
HYDROCARBONS, INCLUDING CRUDE OIL OR ANY FRACTION THEREOF, ASBESTOS, RADON,
POLYCHLORINATED BIPHENYLS (PCBS), METHANE AND ALL SUBSTANCES WHICH NOW OR IN THE
FUTURE MAY BE DEFINED AS "HAZARDOUS SUBSTANCES," "HAZARDOUS WASTES," "EXTREMELY
HAZARDOUS WASTES," "HAZARDOUS MATERIALS," "TOXIC SUBSTANCES," "INFECTIOUS
WASTES," "BIOHAZARDOUS WASTES," "MEDICAL WASTES," "RADIOACTIVE WASTES" OR WHICH
ARE OTHERWISE LISTED, DEFINED OR REGULATED IN ANY MANNER PURSUANT TO ANY
ENVIRONMENTAL LAWS.
(D)
"TENANT'S HAZARDOUS MATERIALS" MEANS ANY HAZARDOUS MATERIALS
RESULTING FROM THE ENVIRONMENTAL ACTIVITY BY TENANT OR ANY OF TENANT'S AGENTS.
32
13.2
ENVIRONMENTAL RELEASE.
TENANT REPRESENTS TO