USE OF SUCH
MATERIALS; AND (III) TENANT DELIVERS PRIOR WRITTEN NOTICE TO LANDLORD OF THE
IDENTITY AND QUANTITY OF SUCH MATERIALS AND SUCH OTHER INFORMATION REGARDING
SUCH MATERIALS AS LANDLORD MAY REQUEST.
WITHOUT LIMITING OTHER RIGHTS OR
REMEDIES AVAILABLE TO LANDLORD UNDER THIS LEASE OR AT LAW OR EQUITY, IN THE
EVENT OF A DEFAULT BY TENANT UNDER THIS SECTION, LANDLORD SHALL IMMEDIATELY HAVE
THE RIGHT TO INJUNCTIVE RELIEF.
"HAZARDOUS MATERIALS" SHALL MEAN (I) ANY SOLID,
LIQUID OR GASEOUS WASTE, SUBSTANCE OR EMISSION OR ANY COMBINATION THEREOF WHICH
MAY (A) CAUSE OR SIGNIFICANTLY CONTRIBUTE TO AN INCREASE IN MORTALITY OR SERIOUS
ILLNESS, OR (B) POSE THE RISK OF A SUBSTANTIAL PRESENT OR POTENTIAL HAZARD TO
HUMAN HEALTH, TO THE ENVIRONMENT OR OTHERWISE TO ANIMAL OR PLANT LIFE AND/OR
(II) HAZARDOUS SUBSTANCES AS DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED; PETROLEUM AND ANY
OF ITS DERIVATIVES OR BYPRODUCTS; ASBESTOS; POLYCHLORINATED BIPHENYLS; RADON;
AND ANY MATERIAL AND/OR SUBSTANCE DEFINED AS, OR REGULATED AS, A
16
POLLUTANT, WASTE, HAZARDOUS, EXTREMELY HAZARDOUS, TOXIC, OR DANGEROUS UNDER ANY
LAW, REGULATION OR ORDINANCE INCLUDING, WITHOUT LIMITATION, ANY ENVIRONMENTAL
LAW.
TENANT SHALL IMMEDIATELY NOTIFY LANDLORD OF THE PRESENCE OR SUSPECTED
PRESENCE OF ANY HAZARDOUS MATERIALS ON OR ABOUT THE DEMISED PREMISES AND SHALL
DELIVER TO LANDLORD ANY NOTICE RECEIVED BY TENANT RELATING THERETO.
"ENVIRONMENTAL LAWS" MEANS ANY AND ALL PRESENT AND FUTURE FEDERAL, STATE AND
LOCAL LAWS, REGULATIONS, RULES, ORDERS, GUIDELINES, POLICIES AND REQUIREMENTS OF
ANY GOVERNMENTAL AUTHORITY RELATING TO: THE PROTECTION, REMEDIATION OR
RESTORATION OF THE ENVIRONMENT, NATURAL RESOURCES OR WILDLIFE; POLLUTION;
HAZARDOUS MATERIALS; OR PUBLIC HEALTH AND/OR SAFETY.
(D)
TENANT AGREES THAT IT SHALL NOT KEEP, USE,
SELL OR OFFER FOR SALE IN OR UPON THE DEMISED PREMISES ANY ARTICLE THAT MAY BE
PROHIBITED BY ANY THEN AVAILABLE STANDARD FORMS OF FIRE INSURANCE POLICIES WITH
EXTENDED COVERAGE.
TENANT AGREES TO PAY TO LANDLORD ANY INCREASE IN PREMIUMS
FOR INSURANCE MAINTAINED BY LANDLORD WITH RESPECT TO THE DEMISED PREMISES OR THE
PROPERTY RESULTING FROM THE USE OF THE DEMISED PREMISES BY TENANT, WHETHER, OR
NOT LANDLORD HAS CONSENTED TO SUCH USE.
(E)
TENANT SHALL PAY ALL COSTS, EXPENSES,
FINES, PENALTIES OR DAMAGES THAT MAY BE IMPOSED UPON LANDLORD BY REASON OF
TENANT'S FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION 6.2.
6.3
RULES AND REGULATIONS.
Tenant and its agents, employees, contractors and invitees shall faithfully
observe and comply with the rules and regulations attached hereto as Exhibit C
and incorporated herein by this reference, and such changes thereto, whether by
modification, elimination or addition, as Landlord may, at any time and from
time to time, make in respect of the Demised Premises and/or the Property (the
"Rules and Regulations").
Such changes shall be effective upon prior written
notice thereof from Landlord to Tenant.
In the case of any conflict or
inconsistency between the provisions of this Lease and any of the Rules and
Regulations, as originally promulgated or as changed, the provisions of this
Lease shall control.