AT SUCH OTHER PLACE AS LESSOR OR LESSEE MAY FROM TIME
TO TIME DESIGNATE BY A WRITTEN NOTICE TO THE OTHER.
COPIES OF ALL NOTICES OR
OTHER COMMUNICATIONS TO LESSOR AND LESSEE SHALL ALSO BE GIVEN, IN THE MANNER
PROVIDED ABOVE, AS FOLLOWS:
If to Lessor, a copy to:
Farer Fersko, a Professional Association
600 South Avenue
P.O. Box 580
Westfield, New Jersey 07091
Attention:
Jack Fersko, Esq.
Facsimile:
(908) 789-8660
Telephone: (908) 789-8550
If to Lessee, a copy to:
Stroock & Stroock & Lavan LLP
180 Maiden Lane
New York, New York 10038-4982
Attention:
Real Estate Department
Facsimile:
212-806-6006
Telephone: 212-806-5400
For purposes hereof, "Business Day" shall mean a day on which commercial banks
are not authorized or required by law to close in New York, New York.
ARTICLE TWENTY-FOUR
INVALIDITY OF PARTICULAR PROVISIONS
SECTION 24.01.
IF ANY TERM OR PROVISION OF THIS LEASE OR THE APPLICATION
THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL TO ANY EXTENT BE INVALID OR
UNENFORCEABLE, THE REMAINDER OF THIS LEASE, OR THE APPLICATION OF SUCH TERM OR
PROVISION TO PERSONS OR CIRCUMSTANCES OTHER THAN THOSE AS TO WHICH IT IS INVALID
OR UNENFORCEABLE, SHALL NOT BE AFFECTED THEREBY, AND EACH TERM OF THIS LEASE
SHALL BE VALID AND BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW.
ARTICLE TWENTY-FIVE
INTENTIONALLY OMMITTED
ARTICLE TWENTY-SIX
HAZARDOUS SUBSTANCES
SECTION 26.01.
IN ADDITION TO THE PROVISIONS OF ARTICLE 4 HEREOF, LESSEE
COVENANTS AND AGREES THAT: (A) ALL USES AND OPERATIONS ON OR OF THE DEMISED
PREMISES AND IMPROVEMENTS (INCLUDING, WITHOUT LIMITATION, THE TANKS (DEFINED
BELOW)), BY LESSEE OR ANY OTHER PERSON OR
26
ENTITY, SHALL BE IN COMPLIANCE WITH ALL ENVIRONMENTAL LAWS (DEFINED BELOW) AND
PERMITS ISSUED PURSUANT THERETO; (B) THERE SHALL BE NO RELEASES (DEFINED BELOW)
OF HAZARDOUS SUBSTANCES (DEFINED BELOW) IN, ON, UNDER OR FROM THE DEMISED
PREMISES OR IMPROVEMENTS BY LESSEE OR ANYONE CONTROLLED BY, CONTROLLING OR UNDER
COMMON CONTROL WITH LESSEE; AND (C) LESSEE SHALL KEEP THE DEMISED PREMISES FREE
AND CLEAR OF ALL LIENS AND OTHER ENCUMBRANCES IMPOSED PURSUANT TO ANY
ENVIRONMENTAL LAWS, WHETHER DUE TO ANY ACT OR OMISSION OF LESSEE OR ANY OTHER
PERSON OR ENTITY.
LESSEE SHALL NOTIFY LESSOR IN WRITING OF (I) ANY RELEASES OR
THREATENED RELEASES OF HAZARDOUS SUBSTANCES IN, ON, UNDER, FROM OR MIGRATING
TOWARDS THE DEMISED PREMISES OR IMPROVEMENTS; (II) ANY NON-COMPLIANCE WITH ANY
ENVIRONMENTAL LAWS RELATED IN ANY WAY TO THE DEMISED PREMISES OR IMPROVEMENTS;
(III) ANY REQUIRED OR PROPOSED REMEDIATION (DEFINED BELOW) OF HAZARDOUS
SUBSTANCES RELATING TO THE DEMISED PREMISES OR IMPROVEMENTS; AND (IV) ANY
WRITTEN OR ORAL NOTICE OR OTHER COMMUNICATION OF WHICH ANY LESSEE BECOMES AWARE
FROM ANY SOURCE WHATSOEVER (INCLUDING BUT NOT LIMITED TO A GOVERNMENTAL
AUTHORITY) RELATING IN ANY WAY TO HAZARDOUS SUBSTANCES OR REMEDIATION THEREOF,
POSSIBLE LIABILITY OF ANY PERSON OR ENTITY PURSUANT TO ANY ENVIRONMENTAL LAW,
OTHER ENVIRONMENTAL CONDITIONS IN CONNECTION WITH THE DEMISED PREMISES OR
IMPROVEMENTS, OR ANY ACTUAL OR POTENTIAL ADMINISTRATIVE OR JUDICIAL PROCEEDINGS
IN CONNECTION WITH ANYTHING REFERRED TO IN THIS LEASE.
LESSEEE