SUBJECT THE PROPERTY TO LIEN OR SALE;
(B)
SUCH NON-COMPLIANCE SHALL NOT BE IN VIOLATION OF ANY MORTGAGE, OR
OF ANY GROUND OR UNDERLYING LEASE OR ANY MORTGAGE THEREON;
(C)
TENANT SHALL INDEMNIFY AND PROTECT LANDLORD AGAINST ANY LOSS OR
INJURY BY REASON OF SUCH NON-COMPLIANCE; AND
(D)
TENANT SHALL PROMPTLY, DILIGENTLY AND CONTINUOUSLY PROSECUTE SUCH
CONTEST.
LANDLORD, WITHOUT EXPENSE OR LIABILITY TO IT, SHALL COOPERATE WITH
TENANT AND EXECUTE ANY DOCUMENTS OR PLEADINGS REQUIRED FOR SUCH PURPOSE,
PROVIDED THAT LANDLORD SHALL REASONABLY BE SATISFIED THAT THE FACTS SET FORTH IN
ANY SUCH DOCUMENTS OR PLEADINGS ARE ACCURATE.
8.03
ALL WORK PERFORMED PURSUANT TO THIS ARTICLE BY TENANT SHALL BE
PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 6 HEREOF RELATING TO
ALTERATIONS.
8.04
(A)
TENANT SHALL NOT BRING, KEEP, USE, OR MAINTAIN ANY
HAZARDOUS MATERIAL ON OR ABOUT THE DEMISED PREMISES.
IF TENANT SHALL BREACH THE
FOREGOING COVENANT AND SUCH BREACH SHALL RESULT IN A VIOLATION OF LEGAL
REQUIREMENTS OR CONTAMINATION IN THE DEMISED PREMISES OR THE BUILDING, THEN
TENANT SHALL INDEMNIFY, DEFEND AND HOLD LANDLORD AND ALL HOLDERS OF SUPERIOR
INSTRUMENT AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, INVITEES, AGENT,
SERVANTS AND EMPLOYEES HARMLESS FROM ANY AND ALL LIABILITIES ARISING DURING OR
AFTER THE TERM AS A RESULT OF SUCH VIOLATION OR CONTAMINATION.
TENANT SHALL, IN
ACCORDANCE WITH APPLICABLE LEGAL REQUIREMENTS, EITHER REMOVE SUCH HAZARDOUS
MATERIAL OR ENCAPSULATE SUCH HAZARDOUS MATERIAL AND RESTORE THE DEMISED PREMISES
TO ITS CONDITION PRIOR TO THE REMOVAL OF SUCH HAZARDOUS MATERIAL.
NOTWITHSTANDING THE FOREGOING, ANY WORK REQUIRED PURSUANT TO THE PRECEDING
SENTENCE SHALL BE PERFORMED AT LANDLORD'S OPTION, EITHER BY TENANT, AT TENANT'S
EXPENSE, UTILIZING A CONTRACTOR DESIGNATED BY LANDLORD OR BY LANDLORD, IN EITHER
CASE AT TENANT'S REASONABLE EXPENSE.
THIS SECTION 8.04(A) SHALL NOT PROHIBIT
TENANT FROM MAINTAINING MATERIALS, EQUIPMENT AND SUPPLIES, INCLUDING, WITHOUT
LIMITATION, PRINTER CHEMICALS, CLEANING MATERIALS AND MATERIALS USED IN THE
OPERATION AND MAINTENANCE OF TENANT'S OFFICES AS IS CUSTOMARY FOR OFFICE TENANTS
PROVIDED SUCH ITEMS ARE PERMITTED, USED, STORED, SAFEGUARDED AND DISPOSED OF AS
REQUIRED BY APPLICABLE LEGAL REQUIREMENTS.
(B)
FOR THE PURPOSES OF THIS SECTION, "HAZARDOUS MATERIALS" SHALL MEAN
ANY AND ALL MATERIALS DEFINED OR CLASSIFIED AS "HAZARDOUS MATERIALS," "HAZARDOUS
WASTE," "HAZARDOUS SUBSTANCE," "TOXIC SUBSTANCE," "HAZARDOUS POLLUTANT," "TOXIC
POLLUTANT" OR "OIL" PURSUANT TO ANY RELEVANT FEDERAL OR STATE LAW, INCLUDING
WITHOUT LIMITATION 42 U.S.C. § 9601 ET. SEQ. (CERCLA),
34
42, U.S.C. § 6901 ET. SEQ. (RCRA), AND ANY REGULATIONS PROMULGATED PURSUANT TO
THOSE STATUTES, ALL AS AMENDED.
(C)
LANDLORD REPRESENTS THAT TO ITS ACTUAL KNOWLEDGE (WITHOUT FURTHER
INQUIRY) THERE ARE NO HAZARDOUS MATERIALS IN THE PREMISES OR IN ANY AREAS OF THE
BUILDING THAT TENANT HAS THE RIGHT TO ACCESS PURSUANT TO THE PROVISIONS OF THIS
LEASE.
DURING THE PERFORMANCE BY TENANT OF ITS ALTERATIONS (INCLUDING TENANT'S
INITIAL WORK) IN THE DEMISED PREMISES DURING THE TERM OF THIS LEASE, TENANT
SHALL USE ITS BEST EFFORTS NOT TO RELEASE ANY ASBESTOS-CONTAINING MATERIALS
("ACMS") AND/OR PRESUMED ASBESTOS-CONTAINING MATERIALS ("PACMS").
DURING THE
PERFORMANCE BY TENANT OF ITS