SHEETS ("MSDSS") THEREFOR, AND LANDLORD RESERVES THE RIGHT
TO PROHIBIT OR LIMIT SUCH SUBSTANCES IN EACH SUCH INSTANCE, (III) SUCH
SUBSTANCES SHALL NOT BE DISPOSED OF, RELEASED, DISCHARGED OR PERMITTED TO SPILL
OR LEAK IN OR ABOUT THE PREMISES OR THE PROPERTY (AND UNDER NO CIRCUMSTANCES
SHALL ANY HAZARDOUS MATERIAL BE DISPOSED OF WITHIN THE DRAINS OR PLUMBING
FACILITIES IN OR SERVING THE PREMISES OR PROPERTY OR IN ANY OTHER PUBLIC OR
PRIVATE DRAIN OR SEWER, REGARDLESS OF QUANTITY OR CONCENTRATION), (IV) IF ANY
APPLICABLE LAW OR LANDLORD'S TRASH REMOVAL CONTRACTOR REQUIRES THAT ANY SUCH
SUBSTANCES BE DISPOSED OF SEPARATELY FROM ORDINARY TRASH, TENANT SHALL MAKE
ARRANGEMENTS AT TENANT'S EXPENSE FOR SUCH DISPOSAL IN APPROVED CONTAINERS
DIRECTLY WITH A QUALIFIED AND LICENSED DISPOSAL COMPANY AT A LAWFUL DISPOSAL
SITE, (V) ANY REMAINING SUCH SUBSTANCES SHALL BE COMPLETELY, PROPERLY AND
LAWFULLY REMOVED FROM THE PROPERTY UPON EXPIRATION OR EARLIER TERMINATION OF
THIS LEASE, AND (VI) FOR PURPOSES OF REMOVAL AND DISPOSAL OF ANY SUCH
SUBSTANCES, TENANT SHALL BE NAMED AS THE OWNER, OPERATOR AND GENERATOR, SHALL
OBTAIN A WASTE GENERATOR IDENTIFICATION NUMBER, AND SHALL EXECUTE ALL PERMIT
APPLICATIONS, MANIFESTS, WASTE CHARACTERIZATION DOCUMENTS AND ANY OTHER REQUIRED
FORMS.
B.
NOTIFICATIONS AND RECORDS.
TENANT SHALL IMMEDIATELY NOTIFY
LANDLORD OF: (I) ANY INSPECTION, ENFORCEMENT, CLEANUP OR OTHER REGULATORY ACTION
TAKEN OR THREATENED BY ANY REGULATORY AUTHORITY WITH RESPECT TO ANY HAZARDOUS
MATERIAL ON OR FROM THE PREMISES OR THE MIGRATION THEREOF FROM OR TO OTHER
PROPERTY, (II) ANY DEMANDS OR CLAIMS MADE OR THREATENED BY ANY PARTY RELATING TO
ANY LOSS OR INJURY CLAIMED TO HAVE RESULTED FROM ANY HAZARDOUS MATERIAL ON OR
FROM THE PREMISES, (III) ANY RELEASE, DISCHARGE, SPILL, LEAK, DISPOSAL OR
TRANSPORTATION OF ANY HAZARDOUS MATERIAL ON OR FROM THE PREMISES IN VIOLATION OF
THIS ARTICLE, AND ANY DAMAGE, LOSS OR INJURY TO PERSONS, PROPERTY OR BUSINESS
RESULTING OR CLAIMED TO HAVE RESULTED THEREFROM, AND (IV) ANY MATTERS WHERE
TENANT IS REQUIRED BY LAW TO GIVE A NOTICE TO ANY REGULATORY AUTHORITY
RESPECTING ANY HAZARDOUS MATERIALS ON OR FROM THE PREMISES.
LANDLORD SHALL HAVE
THE RIGHT (BUT
30
NOT THE OBLIGATION) TO NOTIFY REGULATORY AUTHORITIES CONCERNING ACTUAL AND
CLAIMED VIOLATIONS OF THIS ARTICLE.
TENANT SHALL PROMPTLY UPON WRITTEN REQUEST
FROM TIME TO TIME PROVIDE LANDLORD WITH COPIES OF ALL MSDSS, PERMITS, APPROVALS,
MEMOS, REPORTS, CORRESPONDENCE, COMPLAINTS, DEMANDS, CLAIMS, SUBPOENAS,
REQUESTS, REMEDIATION AND CLEANUP PLANS, AND ALL PAPERS OF ANY KIND FILED WITH
OR BY ANY REGULATORY AUTHORITY AND ANY OTHER BOOKS, RECORDS OR ITEMS PERTAINING
TO HAZARDOUS MATERIALS THAT ARE SUBJECT TO THE PROVISIONS OF THIS ARTICLE
(COLLECTIVELY REFERRED TO HEREIN AS "TENANT'S HAZARDOUS MATERIALS RECORDS").
C.
CLEAN UP RESPONSIBILITY.
IF ANY HAZARDOUS MATERIAL IS RELEASED,
DISCHARGED OR DISPOSED OF, OR PERMITTED TO SPILL OR LEAK, BY TENANT, ITS AGENTS,
CONTRACTORS OR EMPLOYEES, IN VIOLATION OF THE FOREGOING PROVISIONS, TENANT SHALL
IMMEDIATELY AND PROPERLY CLEAN UP AND REMOVE THE HAZARDOUS MATERIALS FROM THE
PREMISES, PROPERTY AND ANY OTHER AFFECTED PROPERTY AND CLEAN OR REPLACE ANY
AFFECTED PERSONAL PROPERTY (WHETHER OR