PROPERTY BY
OTHERS.
LESSEE SHALL ACQUIRE AND MAINTAIN ALL APPROPRIATE LICENSES,
CERTIFICATIONS, PERMITS AND OTHER AUTHORIZATIONS AND APPROVALS NEEDED TO OPERATE
THE LEASED PROPERTY IN ITS CUSTOMARY MANNER FOR THE PRIMARY INTENDED USE, AND
ANY OTHER LAWFUL USE CONDUCTED ON THE LEASED PROPERTY AS MAY BE PERMITTED FROM
TIME TO TIME HEREUNDER.
LESSEE FURTHER COVENANTS AND AGREES THAT LESSEE'S USE
OF THE LEASED PROPERTY AND MAINTENANCE, ALTERATION, AND OPERATION OF THE SAME,
AND ALL PARTS THEREOF, SHALL AT ALL TIMES CONFORM TO ALL LEGAL REQUIREMENTS,
UNLESS THE SAME ARE FINALLY DETERMINED BY A COURT OF COMPETENT JURISDICTION TO
BE UNLAWFUL (AND LESSEE SHALL CAUSE ALL SUB-TENANTS, INVITEES OR OTHERS TO SO
COMPLY WITH ALL LEGAL REQUIREMENTS).
LESSEE MAY, HOWEVER, UPON PRIOR NOTICE TO
LESSOR, CONTEST THE LEGALITY OR APPLICABILITY OF ANY SUCH LEGAL REQUIREMENT OR
ANY LICENSURE OR CERTIFICATION DECISION IF LESSEE MAINTAINS SUCH ACTION IN GOOD
FAITH, WITH DUE DILIGENCE, WITHOUT PREJUDICE TO LESSOR'S RIGHTS HEREUNDER, AND
AT LESSEE'S SOLE EXPENSE.
IF BY THE TERMS OF ANY SUCH LEGAL REQUIREMENT
COMPLIANCE THEREWITH PENDING THE PROSECUTION OF ANY SUCH PROCEEDING MAY LEGALLY
BE DELAYED WITHOUT THE INCURRENCE OF ANY LIEN, CHARGE OR LIABILITY OF ANY KIND
AGAINST THE LEASED PROPERTY OR LESSEE'S LEASEHOLD INTEREST THEREIN AND WITHOUT
SUBJECTING LESSEE OR LESSOR TO ANY LIABILITY, CIVIL OR CRIMINAL, FOR FAILURE SO
TO COMPLY THEREWITH, LESSEE MAY DELAY COMPLIANCE THEREWITH UNTIL THE FINAL
DETERMINATION OF SUCH PROCEEDING.
IF ANY LIEN, CHARGE OR CIVIL OR CRIMINAL
LIABILITY WOULD BE INCURRED BY REASON OF ANY SUCH DELAY, LESSEE, ON THE PRIOR
WRITTEN CONSENT OF LESSOR, WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD, MAY
NONETHELESS CONTEST AS AFORESAID AND DELAY AS AFORESAID PROVIDED THAT SUCH DELAY
WOULD NOT SUBJECT LESSOR TO CRIMINAL LIABILITY AND LESSEE BOTH (A) FURNISHES TO
LESSOR SECURITY REASONABLY SATISFACTORY TO LESSOR AGAINST ANY LOSS OR INJURY BY
REASON OF SUCH CONTEST OR DELAY AND (B) PROSECUTES THE CONTEST WITH DUE
DILIGENCE AND IN GOOD FAITH.
8.3
ENVIRONMENTAL MATTERS AND INDEMNITIES.
(A)
LESSEE SHALL, AT ITS SOLE COST AND EXPENSE, KEEP AND MAINTAIN THE
LEASED PROPERTY IN COMPLIANCE WITH, AND SHALL NOT CAUSE OR PERMIT THE LEASED
PROPERTY TO BE IN VIOLATION OF, ANY FEDERAL, STATE, AND LOCAL LAWS, REGULATIONS,
RULES, AND ORDERS INCLUDING WITHOUT LIMITATION THOSE RELATING TO ZONING, HEALTH,
SAFETY, NOISE, ENVIRONMENTAL PROTECTION, WATER QUALITY, AIR
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QUALITY, OR THE GENERATION, PROCESSING, STORAGE, OR DISPOSAL OF ANY HAZARDOUS
MATERIALS (AS HEREINAFTER DEFINED).
MOREOVER, LESSEE WILL NOT INTENTIONALLY
CAUSE OR PERMIT THE STORAGE, USE, DISPOSAL, MANUFACTURE, DISCHARGE, LEAKAGE,
SPILLAGE, EMISSION OR RELEASE OF ANY HAZARDOUS MATERIALS ON, IN, OR ABOUT THE
LEASED PROPERTY.
LESSEE MUST IMMEDIATELY NOTIFY LESSOR IN WRITING OF ITS ACTUAL
KNOWLEDGE OF (A) ANY ENFORCEMENT, CLEANUP, REMOVAL OR OTHER GOVERNMENTAL OR
REGULATORY ACTIONS INSTITUTED, COMPLETED OR THREATENED IN CONNECTION WITH THE
LEASED PROPERTY AND ANY HAZARDOUS MATERIALS; OR (B) ANY CLAIM MADE OR THREATENED
BY ANY THIRD PARTY AGAINST LESSEE OR THE LEASED PROPERTY RELATING TO DAMAGE,
CONTRIBUTION, COST RECOVERY, COMPENSATION, LOSS OR INJURY RESULTING FROM ANY