TENANT SHALL, AT ITS SOLE COST AND EXPENSE, FULLY AND EXPEDITIOUSLY
COOPERATE IN ALL ACTIVITIES PURSUANT TO SECTION III BELOW, INCLUDING BUT NOT
LIMITED TO PROVIDING ALL RELEVANT INFORMATION AND MAKING KNOWLEDGEABLE PERSONS
AVAILABLE FOR INTERVIEWS; (F) TENANT SHALL IMMEDIATELY NOTIFY LANDLORD IN
WRITING AFTER IT HAS BECOME AWARE OF (A) ANY PRESENCE OR RELEASE OR THREATENED
RELEASE OF HAZARDOUS MATERIALS IN, ON, UNDER, FROM OR MIGRATING TOWARDS THE
DEMISED PREMISES AND/OR PROPERTY; (B) ANY NON-COMPLIANCE WITH ANY ENVIRONMENTAL
LAWS RELATED IN ANY WAY TO THE DEMISED PREMISES AND/OR PROPERTY; (C) ANY ACTUAL
OR POTENTIAL ENVIRONMENTAL LIEN; (D) ANY REQUIRED OR PROPOSED REMEDIATION OF
ENVIRONMENTAL CONDITIONS RELATING TO THE DEMISED PREMISES AND/OR PROPERTY; AND
(E) ANY WRITTEN OR ORAL NOTICE OR OTHER COMMUNICATION OF WHICH TENANT BECOMES
AWARE FROM ANY SOURCE WHATSOEVER (INCLUDING BUT NOT LIMITED TO A GOVERNMENTAL
ENTITY) RELATING IN ANY WAY TO HAZARDOUS MATERIALS.
II.
DEFINITIONS.
"ENVIRONMENTAL LAW" MEANS ANY AND ALL PRESENT AND
FUTURE FEDERAL, STATE AND LOCAL LAWS, STATUTES, ORDINANCES, RULES, REGULATIONS,
STANDARDS, POLICIES AND OTHER GOVERNMENT DIRECTIVES OR REQUIREMENTS, AS WELL AS
COMMON LAW, INCLUDING BUT NOT LIMITED TO THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION AND LIABILITY ACT, THE CLEAN WATER ACT AND THE RESOURCE
CONSERVATION AND RECOVERY ACT, THAT APPLY TO LANDLORD, TENANT OR THE PROPERTY
25
AND RELATE TO HAZARDOUS MATERIALS.
"HAZARDOUS MATERIALS" SHALL MEAN PETROLEUM
AND PETROLEUM PRODUCTS AND COMPOUNDS CONTAINING THEM, INCLUDING GASOLINE, DIESEL
FUEL AND OIL; EXPLOSIVES, FLAMMABLE MATERIALS; RADIOACTIVE MATERIALS;
POLYCHLORINATED BIPHENYLS ("PCBS") AND COMPOUNDS CONTAINING THEM; LEAD AND
LEAD-BASED PAINT, ASBESTOS OR ASBESTOS-CONTAINING MATERIALS IN ANY FORM THAT IS
OR COULD BECOME FRIABLE; UNDERGROUND OR ABOVE-GROUND STORAGE TANKS, WHETHER
EMPTY OR CONTAINING ANY SUBSTANCE; ANY SUBSTANCE THE PRESENCE OF WHICH ON THE
DEMISED PREMISES AND/OR PROPERTY IS PROHIBITED BY ANY FEDERAL, STATE OR LOCAL
AUTHORITY; ANY SUBSTANCE THAT REQUIRES SPECIAL HANDLING; AND ANY OTHER MATERIAL
OR SUBSTANCE NOW OR IN THE FUTURE DEFINED AS A "HAZARDOUS SUBSTANCE", "HAZARDOUS
MATERIAL", HAZARDOUS WASTE", "TOXIC SUBSTANCE", "TOXIC POLLUTANT",
"CONTAMINANT", OR "POLLUTANT" WITHIN THE MEANING OF ANY ENVIRONMENTAL LAW.
"RELEASE" OF ANY HAZARDOUS MATERIALS INCLUDES BUT IS NOT LIMITED TO ANY RELEASE,
DEPOSIT, DISCHARGE, EMISSION, LEAKING, SPILLING, SEEPING, MIGRATING, INJECTING,
PUMPING, POURING, EMPTYING, ESCAPING, DUMPING, DISPOSING OR OTHER MOVEMENT OF
HAZARDOUS MATERIALS.
III.
LANDLORD'S RIGHTS.
WITHOUT LIMITING THE GENERALITY OF LANDLORD'S
OTHER RIGHTS UNDER THIS LEASE, LANDLORD AND ANY OTHER PERSON OR ENTITY
DESIGNATED BY LANDLORD, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIVE OF A
GOVERNMENTAL ENTITY, AND ANY ENVIRONMENTAL CONSULTANT, AND ANY RECEIVER
APPOINTED BY ANY COURT OF COMPETENT JURISDICTION, SHALL HAVE THE RIGHT, BUT NOT
THE OBLIGATION, TO ENTER UPON THE DEMISED PREMISES AT ALL REASONABLE TIMES TO
ASSESS ANY AND ALL ASPECTS OF THE ENVIRONMENTAL CONDITION OF THE DEMISED
PREMISES AND ITS USE, INCLUDING BUT NOT LIMITED TO CONDUCTING ANY ENVIRONMENTAL
ASSESSMENT OR AUDIT (THE SCOPE OF WHICH SHALL BE DETERMINED IN LANDLORD'S SOLE
DISCRETION) AND TAKING SAMPLES OF SOIL, GROUNDWATER OR OTHER WATER, AIR, OR
BUILDING MATERIALS, AND CONDUCTING OTHER INVASIVE TESTING.
TENANT SHALL
REASONABLY COOPERATE WITH