OR MAINTAIN A NUISANCE THERE, (2) IT WILL NOT BRING, GENERATE, TREAT, STORE, USE
OR DISPOSE OF HAZARDOUS SUBSTANCES (AS HEREINAFTER DEFINED) AT THE PREMISES,
(3) IT SHALL AT ALL TIMES COMPLY WITH ALL ENVIRONMENTAL LAWS (AS HEREINAFTER
DEFINED) AND SHALL CAUSE THE PREMISES TO COMPLY, AND (4) TENANT WILL KEEP THE
PREMISES FREE OF ANY LIEN IMPOSED PURSUANT TO ANY ENVIRONMENTAL LAWS.
PREMISES
FOR THE PURPOSES OF THIS ARTICLE SHALL MEAN THE BUILDING AND PROPERTY, INCLUDING
PARKING AREAS.
UPON THE REQUEST OF LANDLORD, TENANT SHALL PROVIDE LANDLORD WITH
EVIDENCE OF COMPLIANCE WITH ENVIRONMENTAL LAWS.
AT THE EXPIRATION OR EARLIER
TERMINATION OF THIS LEASE, TENANT SHALL SURRENDER THE PREMISES TO LANDLORD FREE
OF ANY AND ALL HAZARDOUS SUBSTANCES AND IN COMPLIANCE WITH ALL ENVIRONMENTAL
LAWS AND TO THE COMPLETE SATISFACTION OF LANDLORD.
(B)
SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND TO THE PRIOR WRITTEN
CONSENT BY LANDLORD WHICH MAY BE GIVEN OR WITHHELD IN LANDLORD'S SOLE
DISCRETION, TENANT SHALL BE ENTITLED TO USE AND STORE ONLY THOSE HAZARDOUS
SUBSTANCES THAT ARE NECESSARY FOR TENANT'S BUSINESS, PROVIDED THAT SUCH USAGE
AND STORAGE IS IN FULL COMPLIANCE WITH ALL APPLICABLE ENVIRONMENTAL LAWS.
(C)
TENANT WILL COOPERATE WITH LANDLORD AND ALLOW LANDLORD AND
LANDLORD'S REPRESENTATIVES ACCESS TO ANY AND ALL PARTS OF THE PREMISES AND TO
THE RECORDS OF TENANT WITH RESPECT TO THE PREMISES FOR ENVIRONMENTAL INSPECTION
PURPOSES AT ANY REASONABLE TIME.
IN CONNECTION THEREWITH, TENANT HEREBY AGREES
THAT LANDLORD OR LANDLORD'S REPRESENTATIVES MAY PERFORM ANY TESTING UPON OR OF
THE PREMISES THAT LANDLORD DEEMS REASONABLY NECESSARY FOR THE EVALUATION OF
ENVIRONMENTAL RISKS, COSTS, OR PROCEDURES, INCLUDING SOILS OR OTHER SAMPLING OR
CORING.
(D)
VIOLATIONS - ENVIRONMENTAL DEFAULTS:
(I)
TENANT SHALL GIVE TO LANDLORD PROMPT VERBAL AND FOLLOW-UP WRITTEN
NOTICE AS SOON AS IT BECOMES AWARE OF ANY ACTUAL OR THREATENED SPILLS, RELEASES
OR DISCHARGES OF HAZARDOUS SUBSTANCES ON THE PREMISES, CAUSED BY THE ACTS OR
OMISSIONS OF TENANT OR ITS AGENTS, EMPLOYEES, REPRESENTATIVES, INVITEES,
LICENSEES, SUBTENANTS, CUSTOMERS OR CONTRACTORS.
TENANT COVENANTS TO PROMPTLY
INVESTIGATE, CLEAN UP AND OTHERWISE REMEDIATE ANY SPILL, RELEASE OR DISCHARGE OF
HAZARDOUS SUBSTANCES CAUSED BY THE ACTS OR OMISSIONS OF TENANT OR ITS AGENTS,
EMPLOYEES, REPRESENTATIVES, INVITEES, LICENSEES, SUBTENANTS, CUSTOMERS OR
CONTRACTORS AT TENANT'S SOLE COST AND EXPENSE; SUCH INVESTIGATION, CLEAN UP AND
REMEDIATION TO BE PERFORMED IN ACCORDANCE WITH ALL ENVIRONMENTAL LAWS AND TO THE
REASONABLE SATISFACTION OF LANDLORD, LANDLORD'S LENDERS, IF ANY, AND ANY
GOVERNMENTAL AGENCY, AND AFTER TENANT HAS OBTAINED LANDLORD'S WRITTEN CONSENT,
WHICH SHALL NOT BE UNREASONABLY WITHHELD.
TENANT SHALL RETURN THE PREMISES TO
THE CONDITION EXISTING PRIOR TO THE INTRODUCTION OF ANY SUCH HAZARDOUS
SUBSTANCES.
(II)
IN THE EVENT OF (1) A VIOLATION OF AN ENVIRONMENTAL LAW WHICH IS
TENANT'S RESPONSIBILITY HEREUNDER, (2) A RELEASE, SPILL OR DISCHARGE OF A
HAZARDOUS SUBSTANCE ON OR FROM THE PREMISES, (3) THE DISCOVERY OF AN
ENVIRONMENTAL CONDITION REQUIRING RESPONSE WHICH VIOLATION, RELEASE, OR
CONDITION IS ATTRIBUTABLE TO THE ACTS OR OMISSIONS OF TENANT, ITS AGENTS,
EMPLOYEES, REPRESENTATIVES, INVITEES, LICENSEES, SUBTENANTS, CUSTOMERS OR
CONTRACTORS, OR