UPON, KEPT, STORED OR USED IN OR ABOUT THE PREMISES OR THE BUILDING WITHOUT THE
PRIOR WRITTEN CONSENT OF LANDLORD, WHICH CONSENT MAY BE GRANTED OR WITHHELD IN
THE REASONABLE DISCRETION OF -LANDLORD; PROVIDED; HOWEVER, THAT THE CONSENT OF
LANDLORD SHALL NOT BE REQUIRED FOR THE USE AT THE PREMISES OF CLEANING SUPPLIES,
TONER FOR PHOTOCOPYING MACHINES AND OTHER SIMILAR MATERIALS, IN CONTAINERS AND
QUANTITIES REASONABLY NECESSARY FOR AND CONSISTENT WITH NORMAL AND ORDINARY USE
BY TENANT, AT THE PREMISES, IN THE ROUTINE OPERATION OR MAINTENANCE OF TENANT'S
OFFICE EQUIPMENT OR IN THE ROUTINE JANITORIAL SERVICE, CLEANING AND MAINTENANCE
FOR THE PREMISES.
(E)
NEITHER LANDLORD NOR TENANT SHALL CAUSE OR PERMIT THE RELEASE OF ANY
HAZARDOUS SUBSTANCES BY ITS RESPECTIVE AGENTS, CONTRACTORS, EMPLOYEES OR
INVITEES INTO ANY ENVIRONMENTAL MEDIA SUCH AS AIR, WATER OR LAND, OR INTO OR ON
THE PREMISES OR THE BUILDING IN ANY MANNER THAT VIOLATES ANY ENVIRONMENTAL
LAWS.
IF SUCH RELEASE SHALL OCCUR THE RESPONSIBLE PARTY SHALL (I) TAKE ALL
STEPS REASONABLY NECESSARY TO CONTAIN AND CONTROL SUCH RELEASE AND ANY
ASSOCIATED CONTAMINATION, (II) CLEAN UP OR OTHERWISE REMEDY SUCH RELEASE AND ANY
ASSOCIATED CONTAMINATION TO THE EXTENT REQUIRED BY, AND TAKE ANY AND ALL OTHER
ACTIONS REQUIRED UNDER, APPLICABLE ENVIRONMENTAL LAWS AND (III) NOTIFY AND KEEP
THE OTHER PARTY REASONABLY INFORMED OF SUCH RELEASE AND RESPONSE.
(F)
REGARDLESS OF ANY CONSENTS GRANTED BY LANDLORD PURSUANT TO PARAGRAPH
20(D) ALLOWING HAZARDOUS SUBSTANCES UPON THE PREMISES, TENANT SHALL UNDER NO
CIRCUMSTANCES WHATSOEVER (I) CAUSE OR PERMIT ANY ACTIVITY ON THE PREMISES WHICH
WOULD CAUSE THE PREMISES TO BECOME SUBJECT TO REGULATION AS A HAZARDOUS WASTE
TREATMENT, STORAGE OR DISPOSAL FACILITY UNDER RCRA OR THE REGULATIONS
PROMULGATED THEREUNDER; (II) DISCHARGE HAZARDOUS SUBSTANCES INTO THE STORM SEWER
SYSTEM SERVING THE BUILDING; OR (III) INSTALL ANY UNDERGROUND STORAGE TANK OR
UNDERGROUND PIPING ON OR UNDER THE PREMISES.
(G)
EACH OF LANDLORD AND TENANT SHALL AND HEREBY DOES INDEMNIFY, DEFEND AND
HOLD THE OTHER PARTY HERETO HARMLESS FROM AND AGAINST ANY AND ALL REASONABLE AND
ACTUAL EXPENSE, LOSS, AND LIABILITY SUFFERED BY THE INDEMNIFIED PARTY (WITH THE
EXCEPTION OF THOSE EXPENSES, LOSSES, AND LIABILITIES ARISING FROM SUCH PARTY'S
OWN NEGLIGENCE OR WILLFUL ACT), BY REASON OF THE INDEMNIFYING PARTY'S STORAGE,
GENERATION, HANDLING, TREATMENT, TRANSPORTATION, DISPOSAL, OR ARRANGEMENT FOR
TRANSPORTATION OR DISPOSAL, OF ANY HAZARDOUS -SUBSTANCES (WHETHER ACCIDENTAL,
INTENTIONAL, OR NEGLIGENT) OR BY REASON OF THE INDEMNIFYING PARTY'S BREACH OF
ANY OR THE PROVISIONS OF THIS PARAGRAPH 20.
SUCH EXPENSES, LOSSES AND
LIABILITIES SHALL INCLUDE; WITHOUT LIMITATION, (I) ANY AND ALL EXPENSES THAT THE
INDEMNIFIED PARTY MAY INCUR TO COMPLY WITH ANY ENVIRONMENTAL LAWS AS A RESULT OF
THE INDEMNIFYING PARTY'S FAILURE TO COMPLY THEREWITH; (II) ANY AND ALL COSTS
THAT THE INDEMNIFIED PARTY MAY INCUR IN STUDYING OR REMEDYING ANY CONTAMINATION
AT OR ARISING FROM THE PREMISES AS A RESULT OF A FAILURE TO COMPLY WITH THIS
PARAGRAPH 20 OR ENVIRONMENTAL LAWS; (III) ANY AND ALL COSTS THAT THE INDEMNIFIED
PARTY MAY INCUR IN STUDYING, REMOVING, DISPOSING OR OTHERWISE ADDRESSING ANY