IN THE PREMISES OR ANY PORTION OF THE PROPERTY, OR THE GENERATION,
TRANSPORTATION, STORAGE, USE, TREATMENT, OR DISPOSAL ON OR IN THE PREMISES, OF
ANY HAZARDOUS MATERIALS; (III) LANDLORD, AGENT AND THEIR RESPECTIVE AGENTS AND
EMPLOYEES SHALL HAVE THE RIGHT TO EITHER OR BOTH (X) ENTER THE PREMISES AND (Y)
CONDUCT APPROPRIATE TESTS, AT LANDLORD'S EXPENSE, FOLLOWING TWENTY-FOUR (24)
HOURS PRIOR WRITTEN NOTICE AND DURING NORMAL BUSINESS HOURS FOR THE PURPOSES OF
ASCERTAINING TENANT'S COMPLIANCE WITH ALL APPLICABLE LAWS OR PERMITS RELATING IN
ANY WAY TO THE STORAGE, USE, TREATMENT, DISPOSAL OR PRESENCE OF HAZARDOUS
MATERIALS ON OR IN ANY PORTION OF EITHER OR BOTH OF THE PREMISES AND THE
PROPERTY; AND (IV) UPON WRITTEN REQUEST BY LANDLORD OR AGENT, NO MORE THAN ONCE
DURING THE TERM, OR AT ANY TIME IF LANDLORD NOTIFIES TENANT THAT LANDLORD HAS A
REASONABLE, GOOD FAITH BELIEF THAT HAZARDOUS MATERIALS (OTHER THAN THOSE
CUSTOMARILY USED IN DIAGNOSTIC IMAGING) HAVE BEEN INTRODUCED ON THE PREMISES OR
PROPERTY, TENANT SHALL CAUSE TO BE PERFORMED, AND SHALL PROVIDE LANDLORD WITH
THE RESULTS OF, REASONABLY APPROPRIATE TESTS OF AIR, WATER OR SOIL TO
DEMONSTRATE THAT TENANT HAS NOT DISPOSED OF HAZARDOUS MATERIALS THEREON.
TENANT
COVENANTS TO INVESTIGATE, CLEAN UP AND OTHERWISE REMEDIATE, AT TENANT'S SOLE
EXPENSE, ANY RELEASE OF HAZARDOUS MATERIALS CAUSED, CONTRIBUTED TO, OR CREATED
BY ANY OR ALL OF (A) TENANT AND (B) ANY OR ALL OF TENANT'S OFFICERS, DIRECTORS,
MEMBERS, MANAGERS, PARTNERS, INVITEES, AGENTS, EMPLOYEES, CONTRACTORS OR
8
REPRESENTATIVES ("TENANT PARTIES") DURING THE TERM.
ALL REMEDIATION SHALL BE
PERFORMED IN STRICT COMPLIANCE WITH LAWS.
AS USED HEREIN, THE TERM, "HAZARDOUS
MATERIALS," SHALL MEAN ANY WASTE, MATERIAL OR SUBSTANCE (WHETHER IN THE FORM OF
LIQUIDS, SOLIDS OR GASES, AND WHETHER OR NOT AIRBORNE) THAT IS OR MAY BE DEEMED
TO BE OR INCLUDE A PESTICIDE, PETROLEUM, ASBESTOS, POLYCHLORINATED BIPHENYL,
RADIOACTIVE MATERIAL, UREA FORMALDEHYDE OR ANY OTHER POLLUTANT OR CONTAMINANT
THAT IS OR MAY BE DEEMED TO BE HAZARDOUS, TOXIC, IGNITABLE, REACTIVE, CORROSIVE,
DANGEROUS, HARMFUL OR INJURIOUS, OR THAT PRESENTS A RISK TO PUBLIC HEALTH OR TO
THE ENVIRONMENT, AND THAT IS OR BECOMES REGULATED BY ANY LAW.
THE UNDERTAKINGS,
COVENANTS AND OBLIGATIONS IMPOSED ON TENANT UNDER THIS SECTION 9.2 SHALL SURVIVE
THE TERMINATION OR EXPIRATION OF THIS LEASE.
TENANT MAY USE, AND LANDLORD
ACKNOWLEDGES AND APPROVES OF TENANT'S USE OF, ANY AND ALL SUBSTANCES AND
PRODUCTS CUSTOMARILY USED IN DIAGNOSTIC IMAGING, WHICH SUBSTANCES AND PRODUCTS
SHALL BE STORED AND DISPOSED OF IN ACCORDANCE WITH ALL APPLICABLE LAWS AND
REGULATIONS.
10.
INSURANCE.
10.1.
INSURANCE TO BE MAINTAINED BY LANDLORD.
LANDLORD SHALL MAINTAIN:
(A) A COMMERCIAL PROPERTY INSURANCE POLICY COVERING THE PROPERTY (AT ITS FULL
REPLACEMENT COST), BUT EXCLUDING TENANT'S PERSONAL PROPERTY; (B) COMMERCIAL
GENERAL PUBLIC LIABILITY INSURANCE COVERING LANDLORD FOR CLAIMS ARISING OUT OF
LIABILITY FOR BODILY INJURY, DEATH, PERSONAL INJURY AND PROPERTY DAMAGE
OCCURRING IN AND ABOUT THE PROPERTY AND OTHERWISE RESULTING FROM ANY ACTS,
OPERATIONS OR OMISSIONS OF LANDLORD, ITS AGENTS AND EMPLOYEES; (C) RENT LOSS
INSURANCE; AND (D) ANY OTHER INSURANCE COVERAGE REASONABLY