112 OF THE CLEAN AIR ACT, 42 U.S.C. §7412, AS NOW OR HEREAFTER
AMENDED; (V) A "HAZARDOUS MATERIAL" UNDER THE HAZARDOUS MATERIALS TRANSPORTATION
UNIFORM SAFETY ACT OF 1990, 49 U.S.C. APP. §1802(4), AS NOW OR HEREAFTER
AMENDED; (VI) TOXIC OR HAZARDOUS PURSUANT TO REGULATIONS PROMULGATED NOW OR
HEREAFTER UNDER THE AFOREMENTIONED LAWS; OR (VII) PRESENTING A RISK TO HUMAN
HEALTH OR THE ENVIRONMENT UNDER OTHER APPLICABLE FEDERAL, STATE OR LOCAL LAWS,
ORDINANCES OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE NEW JERSEY
ENVIRONMENTAL CLEANUP RESPONSIBILITY ACT (ECRA, N.J.S.A. 13:1K-6, ET SEQ.) (AND
ITS SUCCESSOR STATUTE ISRA), AS NOW OR AS MAY BE PASSED OR PROMULGATED OR
AMENDED IN THE FUTURE. "TOXIC OR HAZARDOUS SUBSTANCES" SHALL ALSO MEAN ANY
SUBSTANCE THAT AFTER RELEASE INTO THE ENVIRONMENT AND UPON EXPOSURE, INGESTION,
INHALATION OR ASSIMILATION, EITHER DIRECTLY FROM THE ENVIRONMENT OR DIRECTLY BY
INGESTION THROUGH FOOD CHAINS, WILL OR MAY REASONABLY BE ANTICIPATED TO CAUSE
DEATH, DISEASE, BEHAVIOR ABNORMALITIES, CANCER OR GENETIC ABNORMALITIES. "TOXIC
OR HAZARDOUS SUBSTANCES" SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, ASBESTOS,
POLYCHLORINATED BIPHENYLS ("PCBS"); PETROLEUM AND PETROLEUM-BASED DERIVATIVES,
AND UREA FORMALDEHYDE.
(E)
IN THE EVENT IVC RECEIVES ANY NOTICE, LETTER, COMPLAINT, ORDER,
DEMAND OR OTHER COMMUNICATION FROM A GOVERNMENTAL ENTITY OR OTHER THIRD PARTY
INVOLVING AN ENVIRONMENTAL MATTER ADDRESSED BY THIS PARAGRAPH 8, IVC SHALL
PROVIDE THE LANDLORD WITH WRITTEN NOTICE OF SAME WITHIN FIVE (5) BUSINESS DAYS
AFTER IVC IS FIRST PUT ON NOTICE OF SAME. TO THE EXTENT NOT BEING PERFORMED BY
IVC THE LANDLORD SHALL HAVE THE RIGHT (BUT NOT THE OBLIGATION) TO PERFORM ANY
INVESTIGATION, CONTAINMENT, ENVIRONMENTAL SAMPLING AND MONITORING, AND, TO THE
EXTENT SAME IS NOT BEING PERFORMED BY IVC, TO PERFORM ABATEMENT, REMEDIAL OR
CLEANUP ACTIONS ON THE PREMISES,
6
ALL UPON GIVING WRITTEN NOTICE TO IVC PROVIDED THAT ANY SUCH ACTIONS SHALL BE
CARRIED OUT IN A GOOD AND WORKMANLIKE MANNER AND IN CONSULTATION WITH IVC SO AS
TO REASONABLY MINIMIZE INTERFERENCE WITH IVC'S BUSINESS OPERATIONS. IVC AGREES
TO PROVIDE SUCH ACCESS TO THE PREMISES AS MAY BE REASONABLY NECESSARY TO ALLOW
THE LANDLORD AND ITS REPRESENTATIVE TO CARRY OUT SAID ACTIONS.
(F)
THIS PARAGRAPH 8 SHALL SURVIVE THE EXPIRATION OR TERMINATION OF
THIS OPTION AND THE LEASE.
9.
AT THE END OF THE TERM OF THE SUBLEASE OR LEASE OR ANY EXTENSION
OPTION, OR UPON IVC VACATING THE PREMISES BEFORE THE END OF SUCH TERM OR BEING
IN DEFAULT AS TO ANY TERM OF THE SUBLEASE, LEASE OR THIS OPTION, IVC SHALL, AT
ITS SOLE COST AND EXPENSE REMOVE ALL ITS FIXTURES AND EQUIPMENT FROM THE
PREMISES AND RESTORE THE PREMISES TO THE CONDITION AT THE TIME OF THE BEGINNING
OF THE LEASE, EXCEPT FOR ORDINARY WEAR AND TEAR.
10.
NOTHING IN THIS OPTION SHALL AFFECT, RELEASE, OR WAIVE ANY
OBLIGATIONS OF PIONEER PHARMACEUTICALS, INC., AS TENANT, OR ESSEX CHEMICAL
CORP., AS GUARANTOR, OF THE LEASE.
IN WITNESS, the parties have set their hands and seals or caused these presents
to be signed by their proper corporate officers and caused