TRANSFORMERS OR
ASBESTOS-CONTAINING MATERIALS, AND (IV) SHALL CAUSE ANY ALTERATIONS OF THE
PREMISES TO BE DONE IN A WAY SO AS TO NOT EXPOSE IN AN UNSAFE MANNER THE PERSONS
WORKING ON OR VISITING
THE PREMISES TO HAZARDOUS MATERIALS AND IN CONNECTION WITH ANY SUCH ALTERATIONS
SHALL REMOVE ANY HAZARDOUS MATERIALS PRESENT UPON THE PREMISES WHICH ARE NOT IN
COMPLIANCE WITH ENVIRONMENTAL LAWS OR WHICH PRESENT A DANGER TO PERSONS WORKING
ON OR VISITING THE PREMISES.
(B)
"ENVIRONMENTAL LAWS" MEANS THE RESOURCE
CONSERVATION AND RECOVERY ACT OF 1976, AS AMENDED, 42 U.S.C. §§6901, ET SEQ.
(RCRA), AS AMENDED, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND
LIABILITY ACT OF 1980, AS AMENDED BY THE SUPERFUND AMENDMENTS AND
REAUTHORIZATION ACT OF 1986, 42 U.S.C. §§9601 ET SEQ. (CERCLA), AS AMENDED, THE
TOXIC SUBSTANCE CONTROL ACT, AS AMENDED, 15 U.S.C. §§2601 ET SEQ., THE FEDERAL
INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT, AS AMENDED, 7 U.S.C. §§136 ET SEQ.,
AND ALL APPLICABLE FEDERAL, STATE AND LOCAL ENVIRONMENTAL LAWS, ORDINANCES,
RULES AND REGULATIONS, AS ANY OF THE FOREGOING MAY HAVE BEEN OR MAY BE FROM TIME
TO TIME AMENDED, SUPPLEMENTED OR SUPPLANTED, AND ANY OTHER FEDERAL, STATE OR
LOCAL LAWS, ORDINANCES, RULES AND REGULATIONS, NOW OR HEREAFTER EXISTING
RELATING TO REGULATIONS OR CONTROL OF HAZARDOUS MATERIAL OR MATERIALS.
THE TERM
"HAZARDOUS MATERIALS" AS USED IN THIS LEASE SHALL MEAN SUBSTANCES DEFINED AS
"HAZARDOUS SUBSTANCES", "HAZARDOUS MATERIALS", "HAZARDOUS WASTES" OR "TOXIC
SUBSTANCES" IN ANY APPLICABLE FEDERAL, STATE OR LOCAL STATUTE, RULE, REGULATION
OR DETERMINATION, INCLUDING THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, 42 U.S.C. §§9601, ET SEQ.;
THE HAZARDOUS MATERIALS TRANSPORTATION ACT, 49 U.S.C. §§1801, ET SEQ.; THE
RESOURCE, CONSERVATION AND RECOVERY ACT OF 1976, 42 U.S.C. §§6901, ET SEQ.; AND,
ASBESTOS, PCB'S, RADIOACTIVE SUBSTANCES, METHANE, VOLATILE HYDROCARBONS,
PETROLEUM OR PETROLEUM-DERIVED SUBSTANCES OR WASTES, RADON, INDUSTRIAL SOLVENTS
OR ANY OTHER MATERIAL AS MAY BE SPECIFIED IN APPLICABLE LAW OR REGULATIONS.
(C)
EXCEPT TO THE EXTENT THE FOLLOWING
INDEMNITY ARISES OUT OF THE ACTS OR OMISSIONS OF LANDLORD, ITS AGENTS, EMPLOYEES
OR CONTRACTORS, TENANT AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS
LANDLORD, ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND ANY
SUCCESSORS TO LANDLORD'S INTEREST IN THE CHAIN OF TITLE TO THE PREMISES, THEIR
DIRECT OR INDIRECT MEMBERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS
(COLLECTIVELY, THE "INDEMNIFIED PARTNER"), FROM AND AGAINST ANY AND ALL
LIABILITY, INCLUDING ALL FORESEEABLE AND ALL UNFORESEEABLE DAMAGES INCLUDING
ATTORNEY'S AND CONSULTANT'S FEES, FINES, PENALTIES AND CIVIL DAMAGES, DIRECTLY
OR INDIRECTLY ARISING OUT OF TENANT'S USE, GENERATION, STORAGE, TREATMENT,
RELEASE, THREATENED RELEASE, DISCHARGE, SPILL, PRESENCE OR DISPOSAL OF HAZARDOUS
MATERIALS FROM, ON, AT, TO OR UNDER THE PREMISES PRIOR TO OR DURING THE TERM OF
THIS LEASE, AND INCLUDING FOR ALL MATTERS DISCLOSED IN THE ENVIRONMENTAL
REPORTS, AND THE COST OF ANY REQUIRED OR NECESSARY REPAIR, RESPONSE ACTION,
REMEDIATION, INVESTIGATION, CLEANUP OR DETOXIFICATION AND THE PREPARATION OF ANY
CLOSURE OR OTHER REQUIRED PLANS IN CONNECTION THEREWITH, WHETHER SUCH ACTION IS
REQUIRED OR NECESSARY PRIOR TO OR FOLLOWING TRANSFER