EXPENSES OF SUCH INSPECTIONS SHALL BE PAID BY LANDLORD UNLESS A DEFAULT OR
BREACH BY TENANT OF THIS ARTICLE 10 OR CONTAMINATION CAUSED OR PERMITTED BY
TENANT IS FOUND TO EXIST.
IN SUCH EVENT, TENANT SHALL REIMBURSE LANDLORD UPON
DEMAND, AS ADDITIONAL RENT, FOR THE COSTS AND EXPENSES OF SUCH INSPECTIONS.
26
10.5
NOTICE TO LANDLORD.
TENANT SHALL IMMEDIATELY NOTIFY LANDLORD IN
WRITING OF: (I) ANY ENFORCEMENT, CLEAN-UP, REMOVAL OR OTHER GOVERNMENTAL OR
REGULATORY ACTION INSTITUTED OR THREATENED REGARDING THE PREMISES OR THE PROJECT
PURSUANT TO ANY LAWS; (II) ANY CLAIM MADE OR THREATENED BY ANY PERSON AGAINST
TENANT OR THE PREMISES RELATING TO DAMAGE, CONTRIBUTION, COST RECOVERY,
COMPENSATION, LOSS OR INJURY RESULTING FROM OR CLAIMED TO RESULT FROM ANY
HAZARDOUS MATERIAL; AND (III) ANY REPORTS MADE TO OR RECEIVED FROM ANY
GOVERNMENTAL AGENCY ARISING OUT OF OR IN CONNECTION WITH ANY HAZARDOUS MATERIAL
IN OR REMOVED FROM THE PREMISES OR THE PROJECT, INCLUDING ANY COMPLAINTS,
NOTICES, WARNINGS OR ASSERTED VIOLATIONS IN CONNECTION THEREWITH.
TENANT SHALL
ALSO SUPPLY TO LANDLORD AS PROMPTLY AS POSSIBLE, AND IN ANY EVENT WITHIN THREE
(3) BUSINESS DAYS AFTER TENANT FIRST RECEIVES OR SENDS THE SAME FROM OR TO A
GOVERNMENTAL ENTITY, COPIES OF ALL CLAIMS, REPORTS, COMPLAINTS, NOTICES,
WARNINGS, ASSERTED VIOLATIONS OR OTHER COMMUNICATIONS RELATING IN ANY WAY TO
HAZARDOUS MATERIALS AT, OR A VIOLATION OF ANY LAWS WITH RESPECT TO, THE PREMISES
OR TENANT'S USE THEREOF.
10.6
LANDLORD REPRESENTATION.
TO THE BEST KNOWLEDGE OF LANDLORD, (A) NO
HAZARDOUS MATERIAL IS PRESENT ON THE PROJECT IN VIOLATION OF APPLICABLE LAW, OR
PRESENT IN THE SOIL, SURFACE WATER OR GROUNDWATER THEREOF, (B) NO UNDERGROUND
STORAGE TANKS ARE PRESENT ON THE PROJECT, AND (C) NO ACTION, PROCEEDING OR CLAIM
IS PENDING OR THREATENED REGARDING THE PROJECT CONCERNING ANY HAZARDOUS MATERIAL
OR PURSUANT TO ANY ENVIRONMENTAL LAW.
10.7
EXCULPATION.
UNDER NO CIRCUMSTANCE SHALL TENANT BE LIABLE FOR ANY
HAZARDOUS MATERIAL PRESENT AT ANY TIME ON OR ABOUT THE PROJECT, OR THE SOIL,
AIR, IMPROVEMENTS, GROUNDWATER OR SURFACE WATER THEREOF, OR THE VIOLATION OF ANY
LAWS, ORDERS OR REGULATIONS, RELATING TO ANY SUCH HAZARDOUS MATERIAL, EXCEPT TO
THE EXTENT OF HAZARDOUS MATERIALS BROUGHT, KEPT, USED, GENERATED, STORED,
RELEASED OR DISPOSED OF IN, ON, UNDER OR ABOUT THE PREMISES OR THE PROJECT BY
TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS OR INVITEES.
ARTICLE 11.
INSURANCE, INDEMNITY
11.1
TENANT'S LIABILITY INSURANCE.
TENANT (WITH RESPECT TO BOTH THE
PREMISES AND THE PROJECT) SHALL SECURE AND MAINTAIN, AT ITS OWN EXPENSE, AT ALL
TIMES DURING THE TERM, A POLICY OR POLICIES OF COMMERCIAL GENERAL LIABILITY
INSURANCE WITH THE PREMIUMS THEREON FULLY PAID IN ADVANCE, PROTECTING TENANT AND
NAMING LANDLORD, ANY HOLDERS OR GROUND LESSORS ON THE PROJECT, AND LANDLORD'S
REPRESENTATIVES (WHICH TERM, WHENEVER USED IN THIS ARTICLE 11, SHALL BE DEEMED
TO INCLUDE LANDLORD'S ASSET MANAGER, BAY WEST GROUP, BAY WEST SHOWPLACE
INVESTORS LLC, LANDLORD'S PARTNERS, ANY SUBSIDIARY OR AFFILIATE OF LANDLORD AND
THE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, EMPLOYEES, MANAGERS,
INDEPENDENT CONTRACTORS AND AGENTS OF ANY OF THE FOREGOING) AS ADDITIONAL
INSUREDS AGAINST