BELOW, OR ANY OTHER WORDS WHICH ARE INTENDED TO
DEFINE, LIST OR CLASSIFY SUBSTANCES BY REASON OF DELETERIOUS PROPERTIES SUCH AS
IGNITABILITY, CORROSIVITY, REACTIVITY, CARCINOGENICITY, TOXICITY OR REPRODUCTIVE
TOXICITY AND INCLUDES, WITHOUT LIMITATION, ASBESTOS, PETROLEUM (INCLUDING CRUDE
OIL OR ANY FRACTION THEREOF, NATURAL GAS, NATURAL GAS LIQUIDS, LIQUEFIED NATURAL
GAS, OR SYNTHETIC GAS USABLE FOR FUEL, OR ANY MIXTURE THEREOF), PETROLEUM
PRODUCTS, POLYCHLORINATED BIPHENYLS, UREA FORMALDEHYDE, RADON GAS, NUCLEAR OR
RADIOACTIVE MATTER, MEDICAL WASTE, SOOT, VAPORS, FUMES, ACIDS, ALKALIS,
CHEMICALS, MICROBIAL MATTERS (SUCH AS MOLDS, FUNGI OR OTHER BACTERIAL MATTERS),
BIOLOGICAL AGENTS AND CHEMICALS WHICH MAY CAUSE ADVERSE HEALTH EFFECTS,
INCLUDING BUT NOT LIMITED TO, CANCERS AND /OR TOXICITY.
"ENVIRONMENTAL LAWS"
SHALL MEAN ANY AND ALL FEDERAL, STATE, LOCAL OR QUASI-GOVERNMENTAL LAWS (WHETHER
UNDER COMMON LAW, STATUTE OR OTHERWISE), ORDINANCES, DECREES, CODES, RULINGS,
AWARDS, RULES, REGULATIONS OR GUIDANCE OR POLICY DOCUMENTS NOW OR HEREAFTER
ENACTED OR PROMULGATED AND AS AMENDED FROM TIME TO TIME, IN ANY WAY RELATING TO
(I) THE PROTECTION OF THE ENVIRONMENT, THE HEALTH AND SAFETY OF PERSONS
(INCLUDING EMPLOYEES), PROPERTY OR THE PUBLIC WELFARE FROM ACTUAL OR POTENTIAL
RELEASE, DISCHARGE, ESCAPE OR EMISSION (WHETHER PAST OR PRESENT) OF ANY
HAZARDOUS MATERIALS OR (II) THE MANUFACTURE, PROCESSING, DISTRIBUTION, USE,
TREATMENT, STORAGE, DISPOSAL, TRANSPORT OR HANDLING OF ANY HAZARDOUS MATERIALS.
29.33.2
COMPLIANCE WITH ENVIRONMENTAL LAWS.
LANDLORD COVENANTS THAT DURING
THE LEASE TERM, LANDLORD SHALL COMPLY WITH ALL ENVIRONMENTAL LAWS IN ACCORDANCE
WITH, AND AS REQUIRED BY, THE TCCS OF ARTICLE 24 OF THIS LEASE.
TENANT
REPRESENTS AND WARRANTS THAT, EXCEPT AS HEREIN SET FORTH, IT WILL NOT USE, STORE
OR DISPOSE OF ANY HAZARDOUS MATERIALS IN OR ON THE PREMISES.
HOWEVER,
NOTWITHSTANDING THE PRECEDING SENTENCE, LANDLORD AGREES THAT TENANT MAY USE,
STORE AND PROPERLY DISPOSE OF COMMONLY AVAILABLE HOUSEHOLD CLEANERS AND
CHEMICALS TO MAINTAIN THE PREMISES AND TENANT'S ROUTINE OFFICE OPERATIONS (SUCH
AS PRINTER TONER AND COPIER TONER) (HEREINAFTER THE "PERMITTED CHEMICALS").
LANDLORD AND TENANT ACKNOWLEDGE THAT ANY OR ALL OF THE PERMITTED CHEMICALS
DESCRIBED IN THIS PARAGRAPH MAY CONSTITUTE HAZARDOUS MATERIALS.
HOWEVER, TENANT
MAY USE, STORE AND DISPOSE OF SAME, PROVIDED THAT IN DOING SO, TENANT FULLY
COMPLIES WITH ALL ENVIRONMENTAL LAWS.
66
*** CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND FILED
SEPARATELY WITH THE COMMISSION.
29.33.3
LANDLORD'S RIGHT OF ENVIRONMENTAL AUDIT.
LANDLORD MAY, UPON
REASONABLE NOTICE TO TENANT, BE GRANTED ACCESS TO AND ENTER THE PREMISES NO MORE
THAN ONCE ANNUALLY TO PERFORM OR CAUSE TO HAVE PERFORMED AN ENVIRONMENTAL
INSPECTION, SITE ASSESSMENT OR AUDIT.
SUCH ENVIRONMENTAL INSPECTOR OR AUDITOR
MAY BE CHOSEN BY LANDLORD, IN ITS SOLE DISCRETION, AND BE PERFORMED AT
LANDLORD'S SOLE EXPENSE.
TO THE EXTENT THAT THE REPORT PREPARED UPON SUCH
INSPECTION, ASSESSMENT OR AUDIT, INDICATES THE PRESENCE OF HAZARDOUS MATERIALS
IN VIOLATION OF ENVIRONMENTAL LAWS, OR PROVIDES RECOMMENDATIONS OR SUGGESTIONS
TO PROHIBIT THE RELEASE, DISCHARGE, ESCAPE OR EMISSION OF ANY HAZARDOUS
MATERIALS AT, UPON, UNDER OR WITHIN THE PREMISES, OR TO COMPLY WITH ANY
ENVIRONMENTAL LAWS, TENANT SHALL PROMPTLY, AT TENANT'S SOLE EXPENSE, COMPLY WITH
SUCH RECOMMENDATIONS OR