HAZARDOUS MATERIAL IN, ON OR UNDER THE LEASED PROPERTY CAUSED BY
TENANT OR FOR WHICH TENANT IS LEGALLY LIABLE.
TENANT'S OBLIGATIONS UNDER THIS
SECTION 6.02 WILL SURVIVE THE TERMINATION (INCLUDING THE EARLY EXPIRATION) OF
THIS LEASE AGREEMENT.
(B)
SUBJECT TO THE PROVISIONS OF SECTION 16.03, LANDLORD OR ANY
REPRESENTATIVES, CONTRACTORS OR AGENTS OF LANDLORD MAY INSPECT, INCLUDING, BUT
NOT LIMITED TO, IF LANDLORD DETERMINES THE SAME IS WARRANTED, CAUSING A PHASE I
AND/OR PHASE II ENVIRONMENTAL ASSESSMENT TO BE PERFORMED AT, THE LEASED PROPERTY
FROM TIME TO TIME TO DETERMINE COMPLIANCE BY TENANT WITH THE ENVIRONMENTAL
REPRESENTATIONS AND COVENANTS SET FORTH IN THIS SECTION 6.02, AND TENANT WILL
COOPERATE WITH SUCH INSPECTIONS, WHICH MUST BE CONDUCTED BY LANDLORD IN
ACCORDANCE WITH ALL APPLICABLE RULES AND REGULATIONS AND SUBJECT TO THE APPROVAL
OF ALL FEDERAL, STATE AND LOCAL CORRECTIONAL AND OTHER AUTHORITIES WITH INMATES
INCARCERATED AT, OR SUPERVISORY RESPONSIBILITY OVER, THE LEASED PROPERTY.
SUCH
INSPECTIONS SHALL BE PERFORMED AT LANDLORD'S EXPENSE UNLESS AN EVENT OF DEFAULT
HAS OCCURRED OR LANDLORD HAS A REASONABLE BASIS TO CONTEND THAT TENANT HAS
VIOLATED ITS
18
REPRESENTATIONS OR COVENANTS UNDER THIS ARTICLE VI AND SUCH INSPECTION IS
REASONABLY NECESSARY TO DETERMINE WHETHER SUCH VIOLATION IS IN EXISTENCE.
LANDLORD SHALL PROVIDE TENANT NOT LESS THAN THIRTY (30) DAYS PRIOR NOTICE OF THE
DATE AND TIME OF ANY PHASE II ENVIRONMENTAL DRILLING, SAMPLING OR TESTING
INVOLVING INTRUSIVE PROCEDURES AND COORDINATE WITH TENANT SUCH PROCEDURES SO
THAT THEY DO NOT UNREASONABLY INTERFERE WITH TENANT'S OPERATIONS AT THE
FACILITY.
ALL SUCH INSPECTIONS SHALL BE PERFORMED IN ACCORDANCE WITH ALL
ENVIRONMENTAL LAWS.
6.04
DEFINITIONS.
WITHOUT LIMITATION, "HAZARDOUS MATERIALS" FOR THE
PURPOSE OF THIS ARTICLE VI SHALL INCLUDE ANY SUBSTANCES REGULATED BY ANY LOCAL,
STATE OR FEDERAL LAW RELATING TO ENVIRONMENTAL CONDITIONS AND INDUSTRIAL
HYGIENE, INCLUDING, WITHOUT LIMITATION, THE RESOURCE CONSERVATION AND RECOVERY
ACT OF 1976 ("RCRA"), THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND
LIABILITY ACT OF 1980 ("CERCLA"), AS AMENDED BY THE SUPERFUND AMENDMENTS AND
REAUTHORIZATION ACT OF 1986 ("SARA"), THE HAZARDOUS MATERIALS TRANSPORTATION
ACT, THE FEDERAL WATER POLLUTION CONTROL ACT, THE CLEAN AIR ACT, THE CLEAN WATER
ACT, THE TOXIC SUBSTANCES CONTROL ACT, THE SAFE DRINKING WATER ACT, AND ALL
SIMILAR FEDERAL, STATE AND LOCAL ENVIRONMENTAL STATUTES, ORDINANCES AND THE
REGULATIONS, ORDERS, OR DECREES NOW OR HEREAFTER PROMULGATED THEREUNDER
(COLLECTIVELY, "HAZARDOUS MATERIALS LAW").
6.05
TENANT'S RISK: LIMITATION OF LANDLORD'S LIABILITY.
TENANT AGREES
THAT THE LEASED PROPERTY AND ALL FURNISHINGS, FIXTURES, EQUIPMENT, EFFECTS AND
PROPERTY OF EVERY KIND, NATURE AND DESCRIPTION OF TENANT AND OF ALL PERSONS
CLAIMING BY, THROUGH OR UNDER TENANT WHICH, DURING THE CONTINUANCE OF THIS LEASE
AGREEMENT OR ANY OCCUPANCY OF THE LEASED PROPERTY BY TENANT OR ANYONE CLAIMING
UNDER TENANT, MAY BE ON THE LEASED PROPERTY, SHALL, UNLESS CAUSED BY THE GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, BE AT THE SOLE RISK AND HAZARD OF
TENANT, AND, SUBJECT TO THE FOREGOING, IF THE WHOLE OR ANY PART THEREOF SHALL BE
DESTROYED OR DAMAGED BY FIRE, WATER OR OTHERWISE, OR BY THE LEAKAGE OR BURSTING