CONSENT SHALL
NOT BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED, AND WITHOUT ANY RIGHT BY
LANDLORD TO RECAPTURE ANY RENT PAID TO TENANT BY SUCH PERMITTED TRANSFEREES.
12
9.
COMPLIANCE WITH APPLICABLE LAWS.
9.1.
COMPLIANCE WITH APPLICABLE LAWS.
TENANT SHALL, AT ITS SOLE EXPENSE
(REGARDLESS OF THE COST THEREOF), COMPLY WITH ALL APPLICABLE LAWS PERTAINING TO
THE PREMISES AND TENANT'S USE AND OCCUPANCY THEREOF, EXCEPTING THOSE APPLICABLE
LAWS LANDLORD SHALL BE REQUIRED TO COMPLY WITH IN CONNECTION WITH THOSE MATTERS
SET FORTH IN SECTIONS 13.2, 18.1 AND/OR 19 HEREOF.
IF ANY LICENSE OR PERMIT IS
REQUIRED FOR THE CONDUCT OF TENANT'S BUSINESS IN THE PREMISES, TENANT, AT ITS
EXPENSE, SHALL PROCURE SUCH LICENSE PRIOR TO THE COMMENCEMENT DATE, AND SHALL
MAINTAIN SUCH LICENSE OR PERMIT IN GOOD STANDING THROUGHOUT THE TERM.
TENANT
SHALL GIVE PROMPT NOTICE TO LANDLORD OF ANY WRITTEN NOTICE IT RECEIVES OF THE
ALLEGED VIOLATION OF ANY APPLICABLE LAWS OR REQUIREMENT OF ANY GOVERNMENTAL OR
ADMINISTRATIVE AUTHORITY WITH RESPECT TO EITHER OR BOTH OF THE PREMISES AND THE
USE OR OCCUPATION THEREOF. THE JUDGMENT OF ANY COURT OF COMPETENT JURISDICTION,
OR THE ADMISSION OF TENANT IN ANY ACTION OR PROCEEDING AGAINST TENANT, WHETHER
LANDLORD IS A PARTY THERETO OR NOT, THAT ANY SUCH APPLICABLE LAWS PERTAINING TO
THE PREMISES HAS BEEN VIOLATED, SHALL BE CONCLUSIVE OF THAT FACT AS BETWEEN
LANDLORD AND TENANT.
9.2.
HAZARDOUS MATERIALS.
IF DURING THE TERM (OR ANY EXTENSION THEREOF)
ANY HAZARDOUS MATERIAL (DEFINED BELOW) IS GENERATED, TRANSPORTED, STORED, USED,
TREATED OR DISPOSED OF AT, TO, FROM, ON OR IN EITHER OR BOTH OF THE PREMISES AND
THE PROPERTY BY, OR AS A RESULT OF ANY ACT OR OMISSION OF TENANT AND ANY OR ALL
OF TENANT INDEMNIFIED PARTIES (DEFINED BELOW):
(I)
TENANT SHALL, UPON REQUEST, PROMPTLY PROVIDE LANDLORD OR
LANDLORD'S AGENT WITH COPIES OF ALL COMMUNICATIONS, PERMITS OR AGREEMENTS WITH,
FROM OR ISSUED BY ANY FEDERAL, STATE OR LOCAL AGENCY RELATING IN ANY WAY TO THE
PRESENCE, RELEASE, THREAT OF RELEASE, OR PLACEMENT OF HAZARDOUS MATERIALS ON OR
IN THE PREMISES OR ANY PORTION OF THE PROPERTY, OR THE GENERATION,
TRANSPORTATION, STORAGE, USE, TREATMENT, OR DISPOSAL AT, ON, IN OR FROM THE
PREMISES, OF ANY HAZARDOUS MATERIALS;
(II)
LANDLORD, AGENT AND THEIR RESPECTIVE AGENTS AND EMPLOYEES SHALL
HAVE THE RIGHT TO ENTER THE PREMISES AND CONDUCT APPROPRIATE TESTS FOR THE
PURPOSES OF ASCERTAINING TENANT'S COMPLIANCE WITH ALL ENVIRONMENTAL LAWS
(DEFINED BELOW) RELATING TO THE PREMISES AND THE PROPERTY PROVIDED LANDLORD
SUBMITS PRIOR WRITTEN NOTICE; AND
(III)
UPON WRITTEN REQUEST BY LANDLORD OR AGENT, TENANT SHALL PROVIDE
LANDLORD WITH THE RESULTS OF REASONABLY APPROPRIATE TESTS OF AIR, WATER OR SOIL
TO DEMONSTRATE THAT TENANT COMPLIES WITH ALL ENVIRONMENTAL LAWS RELATING TO THE
PREMISES AND THE PROPERTY; PROVIDED, HOWEVER THAT UNLESS LANDLORD IN GOOD FAITH
BELIEVES THAT TENANT IS ACTUALLY NOT IN COMPLIANCE WITH ENVIRONMENTAL LAWS OR
UNLESS TENANT IS IN DEFAULT UNDER THIS LEASE, TENANT SHALL NOT BE REQUIRED TO
PERFORM SUCH TESTS MORE THAN ONCE DURING ANY TERM OR EXTENSION TERM OF