BY ANY TENANT REIMBURSEMENT PARTIES ARISING OUT OF OR IN CONNECTION WITH ANY AND
ALL LIABILITIES (INCLUDING, WITHOUT LIMITATION, ALLEGED VIOLATIONS OF THE IDP,
CONTAMINATION, LOSS OF OR HARM TO FISH OR WILDLIFE, HARM TO HUMANS OR THE
ENVIRONMENT, UPSET, BYPASS AT THE WASTEWATER TREATMENT FACILITY OR AT THE POTW
AND INCREASED OPERATIONAL OR TREATMENT COSTS AT THE LEASED PREMISES OR AT THE
WASTEWATER TREATMENT FACILITY) TO THE EXTENT THOSE LIABILITIES ARE CAUSED BY THE
AUTHORITY'S FAILURE TO MEET ITS OBLIGATIONS UNDER THE SECOND SENTENCE OF THIS
SUBSECTION (A).
THE PRECEDING SENTENCE IS A CONTRACTUAL OBLIGATION OF THE
AUTHORITY UNDER THIS LEASE MADE IN EXCHANGE FOR GOOD AND VALUABLE CONSIDERATION.
(B)
THE AUTHORITY CURRENTLY HOLDS A PART 70
OPERATING PERMIT ISSUED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
AND THE CITY OF INDIANAPOLIS ON JUNE 26, 2003 (THE PART 70 OPERATING PERMIT, AS
THE SAME MAY HEREAFTER BE MODIFIED, AMENDED, SUPPLEMENTED OR REISSUED FROM TIME
TO TIME, BEING REFERRED TO HEREIN AS THE "PART 70 PERMIT"), WHICH PERMITS ALL
OPERATIONS AT THE FACILITIES FOR PURPOSES OF THE FEDERAL, STATE AND LOCAL
AIR-RELATED ENVIRONMENTAL LAWS, INCLUDING THOSE PAINT BOOTH OPERATIONS TENANT
MAY BE PERFORMING AND OPERATING.
WITHIN
53
SIXTY (60) DAYS AFTER EXECUTING THIS LEASE, TENANT AND THE AUTHORITY SHALL
JOINTLY FILE WITH THE APPROPRIATE GOVERNMENTAL AGENCIES THE APPROPRIATE
DOCUMENTS TO ACCOUNT FOR TENANT'S OPERATIONS AT THE LEASED PREMISES UNDER THE
PART 70 PERMIT. THE FILING SHALL INCLUDE, AMONG OTHER THINGS, A WRITTEN
AGREEMENT (THE "PART 70 PERMIT AGREEMENT") BETWEEN THE AUTHORITY AND TENANT, IN
FORM AND SUBSTANCE MUTUALLY AND REASONABLY ACCEPTABLE TO THE AUTHORITY AND TO
TENANT, WHICH SPLITS THE RESPONSIBILITIES UNDER THE PART 70 PERMIT (INCLUDING,
WITHOUT LIMITATION, RESPONSIBILITIES FOR RECORD-KEEPING, REPORTING, AND
COMPLIANCE) SO THAT ALL SUCH RESPONSIBILITIES SHALL, FROM AND AFTER THE
EFFECTIVE DATE OF THE PART 70 PERMIT AMENDMENT (AS DEFINED IN THE FOLLOWING
SENTENCE), BE ALLOCATED BETWEEN THE AUTHORITY AND TENANT IN A MANNER SUCH THAT
TENANT SHALL HAVE RESPONSIBILITY FOR PORTIONS OF THE PART 70 PERMIT THAT COVER
THE LEASED PREMISES (INCLUDING, WITHOUT LIMITATION, ALL RECORD-KEEPING,
REPORTING AND COMPLIANCE OBLIGATIONS THEREUNDER WHICH PERTAIN TO THE LEASED
PREMISES).
THE FILING WILL REQUEST AN ADMINISTRATIVE AMENDMENT OF THE PART 70
PERMIT IN A MANNER THAT IS CONSISTENT WITH THE PART 70 PERMIT AGREEMENT (THE
"PART 70 PERMIT AMENDMENT").
NOTWITHSTANDING THE PART 70 PERMIT AMENDMENT, THE
AUTHORITY WILL CONTINUE TO BE SHOWN AS THE OWNER OF THE ENTIRE SOURCE.
BOTH
BEFORE AND AFTER THE PART 70 PERMIT AMENDMENT BECOMES EFFECTIVE, TENANT SHALL
OPERATE (AND SHALL CAUSE ITS SUBTENANTS TO OPERATE) UNDER THE PART 70 PERMIT AND
SHALL COMPLY WITH (AND SHALL CAUSE ITS SUBTENANTS, AND TENANT'S AND ITS
SUBTENANTS' RESPECTIVE EMPLOYEES, AGENTS, CONTRACTORS AND INVITEES TO COMPLY
WITH) THE PART 70 PERMIT, AS THE SAME MAY BE MODIFIED, SUPPLEMENTED OR AMENDED
FROM TIME TO TIME, TO THE EXTENT APPLICABLE TO TENANT'S OR ITS SUBTENANTS'
OPERATIONS AT THE LEASED PREMISES. TENANT SHALL MAKE AVAILABLE TO THE AUTHORITY,
BAA AND THEIR CONTRACTORS ALL INFORMATION NECESSARY FOR THE AUTHORITY