BY TENANT OR ANY PERSON CLAIMING UNDER TENANT OR THE EMPLOYEES,
AGENTS, CONTRACTORS, INVITEES OR VISITORS OF TENANT OR OF ANY SUCH PERSON, OF
ANY TERM, COVENANT, OR PROVISION OF THIS LEASE AGREEMENT OR ANY LAW, ORDINANCE,
RULE, REGULATION OR GOVERNMENTAL REQUIREMENT OF ANY KIND; (F) ANY INJURY OR
DAMAGE TO THE PERSON, PROPERTY OR BUSINESS OF TENANT, ITS EMPLOYEES, AGENTS,
CONTRACTORS, INVITEES, OR VISITORS, OR ANY OTHER PERSON ENTERING UPON THE LEASED
PROPERTY UNDER THE EXPRESS OR IMPLIED INVITATION OF TENANT; AND (G) AND ANY
ACCIDENT, INJURY TO OR DEATH OF PERSONS OR LOSS OR DAMAGE TO ANY ITEM OF
PROPERTY OCCURRING AT THE LEASED PROPERTY.
IF ANY ACTION OR PROCEEDING IS
BROUGHT AGAINST LANDLORD, ITS EMPLOYEES, PARTNERS, MANAGERS OR AGENTS BY REASON
OF ANY SUCH CLAIM, TENANT, UPON NOTICE FROM LANDLORD, WILL DEFEND THE CLAIM AT
TENANT'S SOLE COST AND EXPENSE WITH COUNSEL SELECTED BY TENANT AND REASONABLY
SATISFACTORY TO LANDLORD.
IN THE EVENT LANDLORD REASONABLY DETERMINES THAT ITS
OR ITS EMPLOYEES', PARTNERS', MANAGERS' OR AGENTS' INTERESTS AND THE INTERESTS
OF TENANT IN ANY SUCH ACTION OR PROCEEDING ARE IN MATERIAL CONFLICT AND THAT
TENANT'S COUNSEL CANNOT ADEQUATELY REPRESENT THE INTERESTS OF LANDLORD OR SUCH
PERSONS THEREIN, LANDLORD SHALL HAVE THE RIGHT TO HIRE SEPARATE COUNSEL IN ANY
SUCH ACTION OR PROCEEDING AND THE REASONABLE COSTS AND EXPENSES THEREOF,
INCLUDING ALL REASONABLE ATTORNEYS' FEES AND EXPENSES, SHALL BE PAID FOR BY
TENANT.
6.02
HAZARDOUS MATERIALS.
TENANT, SUBJECT TO THE FACTS DISCLOSED IN ANY
PHASE I ENVIRONMENTAL REPORT OBTAINED BY LANDLORD WITH RESPECT TO THE
ACQUISITION OF THE LEASED PROPERTY, WARRANTS AND REPRESENTS TO LANDLORD AS OF
THE DATE OF THIS LEASE AGREEMENT THE FOLLOWING: (A) NO ACTIVITY HAS BEEN
UNDERTAKEN WITH RESPECT TO THE LEASED PROPERTY TO TENANT'S KNOWLEDGE WHICH WOULD
CAUSE A VIOLATION UNDER ANY HAZARDOUS MATERIALS LAW; (B) TO TENANT'S KNOWLEDGE,
NO INVESTIGATION, ADMINISTRATIVE ORDER, LITIGATION OR SETTLEMENT WITH RESPECT TO
ANY HAZARDOUS MATERIALS IS IN EXISTENCE WITH RESPECT TO THE LEASED PROPERTY,
NOR, TO TENANT'S KNOWLEDGE, IS ANY OF THE FOREGOING THREATENED; AND (C) TO
TENANT'S KNOWLEDGE, NO NOTICE HAS BEEN RECEIVED BY TENANT FROM ANY PERSON
CLAIMING ANY VIOLATION OF ANY HAZARDOUS MATERIALS LAW, OR REQUIRING COMPLIANCE
WITH ANY HAZARDOUS MATERIALS LAW, OR DEMANDING PAYMENT OR CONTRIBUTION FOR
ENVIRONMENTAL DAMAGE OR INJURY TO NATURAL RESOURCES WITH RESPECT TO THE LEASED
PROPERTY.
6.03
TENANT'S COMPLIANCE/INDEMNITIES.
(A)
DURING THE TERM, TENANT WILL NOT STORE, USE, OR DISPOSE OF ANY
HAZARDOUS MATERIALS, EXCEPT IN SUCH QUANTITIES AS ALLOWED AND IN SUCH CONTAINERS
AS PERMITTED UNDER AND ONLY IN MATERIAL ACCORDANCE WITH ALL APPLICABLE HAZARDOUS
MATERIALS LAWS.
NOTWITHSTANDING THE FOREGOING, TENANT ANTICIPATES USING,
STORING AND DISPOSING OF CERTAIN HAZARDOUS MATERIALS IN CONNECTION WITH THE
OPERATION OF CORRECTIONAL OR DETENTION FACILITIES ON THE LEASED PROPERTY, WHICH
ACTIVITIES ARE NOT IN VIOLATION OF HAZARDOUS MATERIALS LAWS.
SUCH SUBSTANCES
INCLUDE, BUT ARE NOT LIMITED TO THE FOLLOWING: MEDICAL WASTES, DIESEL FUEL,
MAINTENANCE AND JANITORIAL SUPPLIES, AND WASTE FROM REPROGRAPHIC ACTIVITIES.
DURING THE TERM, TENANT SHALL NOT ALLOW THE STORAGE OR USE