OF ANY BIOLOGICALLY
OR CHEMICALLY ACTIVE OR OTHER HAZARDOUS SUBSTANCES OR MATERIALS ONTO THE
PREMISES, THE LOT OR PARK, EXCEPT IN ACCORDANCE WITH THE REQUIREMENTS OF
APPLICABLE LAWS AND REGULATIONS.
TENANT SHALL NOT ALLOW THE STORAGE OR USE OF
SUCH SUBSTANCES OR MATERIALS IN ANY MANNER NOT PERMITTED BY LAW, NOR ALLOW TO BE
BROUGHT INTO THE PREMISES ANY SUCH MATERIALS OR SUBSTANCES EXCEPT TO USE IN THE
ORDINARY COURSE OF TENANT'S BUSINESS.
UPON LANDLORD'S WRITTEN REQUEST, TENANT
SHALL FURNISH TO LANDLORD AN INVENTORY OF THE IDENTITY OF SUCH SUBSTANCES OR
MATERIALS USED IN THE ORDINARY COURSE OF TENANT'S BUSINESS, EXCEPT FOR USUAL
CLEANING MATERIALS AND OFFICE EQUIPMENT.
WITHOUT LIMITATION, HAZARDOUS
SUBSTANCES AND MATERIALS ("HAZARDOUS MATERIALS") SHALL INCLUDE THOSE DESCRIBED
IN THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF
1980, AS AMENDED, 42 U.S.C. SECTION 9601 ET SEQ., THE RESOURCE CONSERVATION AND
RECOVERY ACT, AS AMENDED, 42 U.S.C. SECTION 6901 ET SEQ., THE MASSACHUSETTS
HAZARDOUS WASTE MANAGEMENT ACT, AS AMENDED, M.G.L. C.21C, THE MASSACHUSETTS OIL
AND HAZARDOUS MATERIAL RELEASE PREVENTION AND RESPONSE ACT, AS AMENDED, M.G.L.
C.21E, ANY APPLICABLE LOCAL ORDINANCE OR BYLAW, AND THE REGULATIONS ADOPTED
UNDER THESE ACTS, AS AMENDED (COLLECTIVELY, THE "HAZARDOUS WASTE LAWS").
IF ANY
LENDER OR GOVERNMENTAL AGENCY SHALL EVER REQUIRE TESTING TO ASCERTAIN WHETHER OR
NOT THERE HAS BEEN ANY RELEASE OF HAZARDOUS SUBSTANCES OR MATERIALS, THEN THE
REASONABLE COSTS THEREOF SHALL BE REIMBURSED BY TENANT TO LANDLORD UPON DEMAND
AS ADDITIONAL CHARGES IF AND ONLY IF THE FOLLOWING CONDITIONS ARE SATISFIED;
(I) IF SUCH REQUIREMENT APPLIES TO THE PREMISES AND (II) IF AN INDEPENDENT,
REPUTABLE THIRD PARTY ENGINEER EMPLOYED BY LANDLORD OR PERSONS ACTING UNDER
LANDLORD CONCLUSIVELY DETERMINES
32
THAT SUCH RELEASE HAD BEEN OR IS LIKELY TO HAVE BEEN SOLELY AND EXCLUSIVELY
CAUSED BY TENANT OR PERSONS ACTING UNDER TENANT.
IF TENANT RECEIVES FROM ANY
FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY ANY NOTICE OF VIOLATION OR ALLEGED
VIOLATION OF ANY HAZARDOUS WASTE LAW, OR IF TENANT IS OBLIGATED TO GIVE ANY
NOTICE UNDER ANY HAZARDOUS WASTE LAW, TENANT AGREES TO FORWARD TO LANDLORD A
COPY OF ANY SUCH NOTICE WITHIN THREE (3) DAYS OF TENANT'S RECEIPT OR TRANSMITTAL
THEREOF, IN ADDITION, TENANT SHALL EXECUTE AFFIDAVITS, REPRESENTATIONS AND THE
LIKE FROM TIME TO TIME AT LANDLORD'S REQUEST CONCERNING TENANT'S BEST KNOWLEDGE
OF BELIEF WITHOUT INDEPENDENT INVESTIGATION OR INQUIRY REGARDING THE PRESENCE OF
HAZARDOUS SUBSTANCES OR MATERIALS ON THE PREMISES RELEASED BY TENANT, IN ALL
EVENTS, TENANT SHALL INDEMNIFY LANDLORD IN THE MANNER PROVIDED IN SECTION 6.1.7
OF THIS LEASE FROM ANY RELEASE OF HAZARDOUS SUBSTANCES OR MATERIALS ON THE
PREMISES OR ELSEWHERE IN THE PARK TO THE EXTENT CAUSED BY TENANT OR PERSONS
ACTING UNDER THE DIRECTION AND CONTROL OF TENANT.
LANDLORD RETAINS THE RIGHT TO
INSPECT THE PREMISES AT ALL REASONABLE TIMES, UPON REASONABLE NOTICE TO TENANT,
TO ENSURE COMPLIANCE WITH THIS PARAGRAPH.
THE WITHIN COVENANTS SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THE TERM;
6.1.18
SIGNS AND ADVERTISING - EXCEPT AS HEREINAFTER EXPRESSLY PROVIDED,
TENANT WILL NOT PLACE