AND ALL PERMITS, LICENSES, AND OTHER GOVERNMENTAL AND REGULATORY APPROVALS
REQUIRED FOR TENANT'S USE OF HAZARDOUS MATERIALS AT THE PREMISES, INCLUDING,
WITHOUT LIMITATION, DISCHARGE OF APPROPRIATELY TREATED MATERIALS OR WASTES INTO
OR THROUGH ANY SANITARY SEWER SERVING THE BUILDING.
TENANT SHALL IN ALL
RESPECTS HANDLE, TREAT, DEAL WITH AND MANAGE ANY AND ALL TENANT'S HAZARDOUS
MATERIALS IN TOTAL CONFORMITY WITH ALL ENVIRONMENTAL LAWS AND PRUDENT INDUSTRY
PRACTICES REGARDING MANAGEMENT OF SUCH HAZARDOUS MATERIALS.
WITHOUT LIMITING
THE FOREGOING, IF ANY TENANT'S HAZARDOUS MATERIALS RESULT IN CONTAMINATION OF
THE BUILDING, OR ANY SOIL OR GROUNDWATER IN, UNDER OR ABOUT THE PROPERTY IN EACH
CASE TO THE EXTENT THE PRESENCE OF SAME AMOUNTS TO A VIOLATION OF ANY LEGAL
REQUIREMENT OR POSES A THREAT TO HUMAN HEALTH OR SAFETY, TENANT, AT ITS EXPENSE,
SHALL PROMPTLY TAKE ALL ACTIONS NECESSARY TO RETURN THE BUILDING AND/OR THE
PROPERTY, TO THE CONDITION EXISTING PRIOR TO THE APPEARANCE OF THE TENANT'S
HAZARDOUS MATERIAL, SUBJECT TO LANDLORD'S RIGHT TO APPROVE TENANT'S PROPOSED
REMEDIATION METHOD.
ON OR PRIOR TO THE TERMINATION DATE, TENANT SHALL CAUSE ALL
TENANT'S HAZARDOUS MATERIALS IN, ON, UNDER OR ABOUT THE BUILDING TO BE REMOVED
IN ACCORDANCE WITH AND IN COMPLIANCE WITH ALL LEGAL REQUIREMENTS.
TENANT SHALL
PROMPTLY NOTIFY LANDLORD AND OBTAIN LANDLORD'S WRITTEN APPROVAL BEFORE TAKING
ANY REMEDIAL ACTION IN RESPONSE TO THE PRESENCE OF ANY TENANT'S HAZARDOUS
MATERIALS OR ENTERING INTO ANY SETTLEMENT AGREEMENT, CONSENT DECREE OR OTHER
COMPROMISE WITH RESPECT TO ANY CLAIMS RELATING TO TENANT'S HAZARDOUS MATERIALS.
34
13.4
INDEMNITY.
TENANT SHALL INDEMNIFY, DEFEND (BY
COUNSEL REASONABLY ACCEPTABLE TO LANDLORD), PROTECT AND HOLD LANDLORD AND
LANDLORD'S TRUSTEES, DIRECTORS, OFFICERS, AGENTS, SHAREHOLDERS, DIRECT OR
INDIRECT BENEFICIAL OWNERS AND EMPLOYEES, ANY LEASEHOLD MORTGAGEES, AND ANY
PRIOR LESSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY,
"LANDLORD'S AGENTS"), FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, PENALTIES, FORFEITURES, LOSSES OR EXPENSES (INCLUDING REASONABLE
ATTORNEYS' AND CONSULTANTS' FEES AND OVERSIGHT AND RESPONSE COSTS) TO THE EXTENT
ARISING FROM (A) ENVIRONMENTAL ACTIVITY BY TENANT OR TENANT'S AGENTS; OR
(B) FAILURE OF TENANT OR TENANT'S AGENTS TO COMPLY WITH ANY ENVIRONMENTAL LAW
WITH RESPECT TO TENANT'S ENVIRONMENTAL ACTIVITY; OR (C) TENANT'S FAILURE TO
REMOVE TENANT'S HAZARDOUS MATERIALS AS REQUIRED IN SECTION 13.3.
13.5
NO LIEN.
TENANT SHALL NOT SUFFER ANY LIEN TO BE
RECORDED AGAINST THE BUILDING OR THE PROPERTY AS A CONSEQUENCE OF ANY TENANT'S
HAZARDOUS MATERIALS, INCLUDING ANY SO CALLED STATE, FEDERAL OR LOCAL "SUPER
FUND" LIEN RELATED TO THE REMEDIATION OF ANY TENANT'S HAZARDOUS MATERIALS IN OR
ABOUT THE BUILDING OR THE PROPERTY.
13.6
INVESTIGATION.
IN THE EVENT HAZARDOUS MATERIALS ARE
DISCOVERED IN OR ABOUT THE BUILDING OR THE PROPERTY, AND LANDLORD REASONABLY
BELIEVES THAT SUCH HAZARDOUS MATERIALS ARE TENANT'S HAZARDOUS MATERIALS, THEN
LANDLORD SHALL HAVE THE RIGHT TO APPOINT A CONSULTANT TO CONDUCT AN
INVESTIGATION TO DETERMINE THE NATURE AND EXTENT OF SUCH HAZARDOUS MATERIALS,
WHETHER SUCH HAZARDOUS MATERIALS ARE TENANT'S HAZARDOUS MATERIALS, AND THE
CORRECTIVE MEASURES, IF ANY, REQUIRED TO REMOVE SUCH HAZARDOUS MATERIALS.
IF
SUCH HAZARDOUS MATERIALS ARE