1976, AS NOW OR HEREAFTER AMENDED (42 U.S.C. SECTION 6901 ET SEQ.) ("RCRA")
OR ANY REGULATIONS NOW OR HEREAFTER PROMULGATED UNDER RCRA; (III) ANY SUBSTANCE
NOW OR HEREAFTER REGULATED BY THE TOXIC SUBSTANCES CONTROL ACT, AS NOW OR
HEREINAFTER AMENDED (15 U.S.C. SECTION 2601 ET SEQ.) ("TSCA"), OR ANY
REGULATIONS NOW OR HEREAFTER PROMULGATED UNDER TSCA; (IV) GASOLINE, DIESEL FUEL,
OIL OR OTHER PETROLEUM PRODUCTS OR DERIVATIVES OR FRACTIONS THEREOF; (V)
ASBESTOS OR ASBESTOS-CONTAINING MATERIALS IN ANY FORM, WHETHER FRIABLE OR
NON-FRIABLE; (VI) POLYCHLORINATED BIPHENYLS; (VII) RADON GAS; OR (VIII) ANY
OTHER SUBSTANCES, MATERIALS OR WASTES WHICH ARE NOW OR HEREAFTER REGULATED OR
CLASSIFIED OR CONSIDERED TO BE MUTAGENIC, CARCINOGENIC, RADIOACTIVE, HAZARDOUS
OR TOXIC UNDER ANY EXISTING OR FUTURE FEDERAL, STATE OR LOCAL LAW, STATUTE,
COURT DECISION, COMMON LAW, CODE, ORDINANCE, ORDER, RULE OR REGULATION RELATING
TO HAZARDOUS OR TOXIC SUBSTANCES, MATERIALS OR WASTES OR THE PROTECTION OF THE
ENVIRONMENT OR HUMAN HEALTH, INCLUDING WITHOUT LIMITATION ANY SUBSTANCE THE
PRESENCE OF WHICH ON, IN, UNDER OR IN THE VICINITY OF THE DEMISED PREMISES (A)
REQUIRES REPORTING, INVESTIGATION OR REMEDIATION, (B) CAUSES OR THREATENS TO
CAUSE A NUISANCE ON OR TO THE DEMISED PREMISES, THE WAREHOUSE COMPLEX, OR TO ANY
OTHER PROPERTY IN THE VICINITY THEREOF, OR POSES OR THREATENS TO POSE A HAZARD
TO THE HEALTH OR SAFETY OF PERSONS ON OR IN THE VICINITY OF THE DEMISED PREMISES
OR THE WAREHOUSE COMPLEX; OR (C) WHICH, IF RELEASED, EMANATED OR MIGRATED FROM
THE NON-DEMISED PREMISES AREA OF THE WAREHOUSE COMPLEX, COULD CONSTITUTE A
TRESPASS; AND (B) THE TERM "ENVIRONMENTAL LAWS" SHALL MEAN AND INCLUDE CERCLA,
RCRA, TSCA AND ALL OTHER FEDERAL, STATE AND LOCAL LAWS, STATUTES, COURT
DECISIONS, COMMON LAW, CODES, ORDINANCES, ORDERS, RULES AND REGULATIONS RELATING
TO HAZARDOUS SUBSTANCES OR THE PROTECTION OF THE ENVIRONMENT OR HUMAN HEALTH, AS
SAME NOW EXIST AND AS HEREAFTER ADOPTED, PROMULGATED AND AMENDED.
34.
MISCELLANEOUS.
A.
ENTIRE AGREEMENT.
THIS LEASE CONTAINS
THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND CANNOT BE CHANGED OR TERMINATED
ORALLY BUT ONLY BY AN INSTRUMENT IN WRITING EXECUTED BY THE PARTIES.
17
B.
ATTORNEYS' FEES.
IN THE EVENT OF ANY
LITIGATION OR ARBITRATION BETWEEN THE PARTIES ARISING OUT OF THIS LEASE, OR IN
CONNECTION WITH THE DEMISED PREMISES, THE PREVAILING PARTY SHALL BE ALLOWED ALL
REASONABLE ATTORNEYS' FEES, AND ALL COURT COSTS AND INCIDENTAL EXPENSES INCURRED
OR EXPENDED IN SUCH LITIGATION OR ARBITRATION, TO BE RECOVERED AS PART OF THE
COSTS ASSESSED IN SUCH ACTION.
C.
GOVERNING LAW/JURISDICTION/VENUE.
THIS
LEASE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF INDIANA.
THE PARTIES CONSENT TO THE JURISDICTION AND PREFERRED VENUE
OF WELLS COUNTY, INDIANA FOR ANY LEGAL ACTION COMMENCED UNDER THIS LEASE.
D.
BINDING AGREEMENT.
THE AGREEMENTS,
TERMS, COVENANTS, AND CONDITIONS HEREIN SHALL BIND AND INURE TO THE BENEFIT OF
LANDLORD AND TENANT AND THEIR RESPECTIVE PARENT COMPANIES, LEGAL
REPRESENTATIVES, SUCCESSORS, AND, EXCEPT AS OTHERWISE PROVIDED HEREIN, THEIR
ASSIGNS.
E.
FORCE MAJEURE.
IN THE EVENT THAT
EITHER PARTY HERETO SHALL BE DELAYED OR