OIL AND PETROLEUM PRODUCTS AND OTHER HAZARDHOUSE MATERIALS OFF
THE SUBJECT PROPERTY.
ALL CANS, CONTAINERS, TANKS AND OTHER PACKAGES OR DRUMS
SHALL BE REMOVED FROM THE PROPERTY.
ALL PLASTIC SHALL BE REMOVED FROM THE
PROPERTY.
NOTHING SHALL BE BURNED OR BURIED ON THE PROPERTY.
(C) OBLIGATION TO INDEMNIFY, DEFEND AND HOLD HARMLESS: LESSEE, HIS HEIRS,
PERSONAL REPRESENTATIVES AND ASSIGNS AGREE TO INDEMNIFY, DEFEND, REIMBURSE AND
HOLD HARMLESS LESSORS, THEIR HEIRS, PERSONAL REPRESENTATIVES AND ASSIGNS FROM
ANY ENVIRONMENTAL DAMAGES, INCLUDING LOST RENTAL DURING THE PERIOD OF ANY
CLEANUP OR REMEDIATION ON THE SUBJECT PROPERTY.
(D) RIGHT TO INSPECT AND AUDIT: LESSORS SHALL HAVE THE RIGHT, IN THEIR SOLE AND
ABSOLUTE DISCRETION, TO ENTER AND CONDUCT AN INSPECTION OF THE PROPERTY,
INCLUDING SOIL AND WATER TESTS, AT ANY REASONABLE TIME TO DETERMINE WHETHER
LESSEE IS COMPLYING WITH THE TERMS OF THIS AGREEMENT.
(E) OBLIGATION TO CORRECT AND CURE: NOTWITHSTANDING THE OBLIGATION OF LESSEE TO
INDEMNIFY LESSORS PURSUANT TO THIS AGREEMENT, LESSEE SHALL, UPON DEMAND OF
LESSORS, AND AT HIS SOLE COST AND EXPENSE, PROMPTLY TAKE ALL ACTIONS TO CORRECT
AND CUR (REMEDIATE) AND PROPERTY WHICH ARE REQUIRED BY ALL FEDERAL, STATE OR
LOCAL GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION OR WHICH ARE REASONABLY
NECESSARY TO MITIGATE ENVIRONMENTAL DAMAGES OR TO ALLOW FULL ECONOMIC USE OF THE
PROPERTY OF A "HAZARDOUS MATERIAL" OR A VIOLATION OF "ENVIRONMENTAL
REQUIREMENTS". SUCH ACTIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
INVESTIGATION OF THE ENVIRONMENTAL CONDITION OF THE PROPERTY, THE PREPARATION OF
ANY FEASIBILITY STUDIES, REPORTS OR REMEDIAL PLANS AND THE PERFORMANCE OF ANY
CLEANUP, REMEDIATION, CONTAINMENT, OPERATION, MAINTENANCE, MONITORING, OR
RESTORATION WORK, WHETHER ON OR OFF THE PROPERTY.
LESSEE SHALL TAKE ALL ACTIONS NECESSARY TO RESTORE THE PROPERTY TO THE CONDITION
EXISTING PRIOR TO THE INTRODUCTION OF "HAZARDHOUS MATERIAL" UPON, ABOUT OR
BENEATH THE PROPERTY, AND TO RESTORE THE PROPERTY TO ITS CONDITION PRIOR TO THE
"ENVIRONMENTAL DAMAGES".
(F) SURVIVORSHIP CLAUSE" THE OBLIGATIONS OF LESSEE UNDER THIS PARAGRAPH AND ALL
ITS SUB-PARTS SHALL COVER THE PERIOD FROM THE BEGINNING OF LESSEE'S
MONTH-TO-MONTH TENANCY PRIOR TO THIS WRITTEN LEASE AND SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS AGREEMENT, THE DISCHARGE OF ANY OTHER
OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER, AND ANY TRANSFER OF THE TITLE TO
THE PROPERTY, WHETHER BY SALE, FORECLOSURE OR OTHERWISE.
6
WAIVER
18. ITS IS AGREED THAT THE FAILURE OF LANDLORD IN ONE OR MORE INSTANCES TO
INSIST UPON STRICT PERFORMANCE OR OBSERVATION OF ONE OR MORE OF THE COVENANTS OR
CONDITIONS HEREUNDER OR TO EXERCISE ANY REMEDY, PRIVILEGE, OR OPTION HEREIN
CONFERRED UPON OR RESERVED TO LANDLORD, SHALL NOT OPERATE OR BE CONSTRUED AS A
RELINQUISHMENT OR WAIVER FOR THE FUTURE OF SUCH CONVENANT OR CONDITION OR OF THE
RIGHT TO ENFORCE THE SAME OR TO EXERCISE SUCH PRIVILEGE, OPTION OR REMEDY, BUT
THE SAME SHALL CONTINUE IN FULL FORCE AND EFFECT.
THE RECEIPT BY LANDLORD OR
RENT, OR ADDITIONAL RENT, OR OF ANY OTHER PAYMENT REQUIRED TO BE MADE BY THE
TENANT, OR ANY PART THEREOF, SHALL