CANCELLATION OF ANY
FIRE OR OTHER PROPERTY INSURANCE POLICY MAINTAINED BY OR FOR THE BENEFIT OF
LANDLORD (SUBJECT TO THE SAME PARENTHETICAL CONTAINED IN CLAUSE (I) ABOVE).
TENANT, AT TENANT'S EXPENSE, SHALL COMPLY WITH ALL RULES, ORDERS, REGULATIONS OR
REQUIREMENTS OF THE AMERICAN INSURANCE ASSOCIATION (FORMERLY THE NATIONAL BOARD
OF FIRE UNDERWRITERS) AND WITH ANY SIMILAR BODY THAT SHALL HEREAFTER PERFORM THE
FUNCTION OF SUCH ASSOCIATION.
(B)
IF, BY REASON OF ANY ACT OR OMISSION ON THE
PART OF TENANT WHICH IS INCONSISTENT WITH THE USE PERMITTED HEREUNDER, WHETHER
OR NOT LANDLORD HAS CONSENTED TO THE SAME, THE RATE OF "ALL RISK" OR OTHER TYPE
OF INSURANCE MAINTAINED BY LANDLORD ON THE PROPERTY OR THE BUILDING OR OTHER
PROPERTY OF LANDLORD SHALL BE HIGHER THAN IT OTHERWISE WOULD BE, BUT FOR SUCH
ACT OR OMISSION, TENANT SHALL REIMBURSE LANDLORD FOR THAT PART OF THE PREMIUMS
FOR SUCH INSURANCE PAID BY LANDLORD BECAUSE OF SUCH ACT OR OMISSION ON THE PART
OF TENANT, WHICH SUM SHALL BE ADDITIONAL RENT AND PAYABLE WITHIN FIVE (5) DAYS
OF DEMAND.
IF, DUE TO THE OCCUPANCY OR ABANDONMENT OF, OR TENANT'S FAILURE TO
OCCUPY, THE PREMISES AS HEREIN PROVIDED, ANY SUCH INSURANCE SHALL BE CANCELED BY
THE INSURANCE CARRIER, THEN, IN ANY OF SUCH EVENTS, TENANT HEREBY INDEMNIFIES
LANDLORD AGAINST LIABILITY WHICH WOULD HAVE BEEN COVERED BY SUCH INSURANCE.
LANDLORD SHALL GIVE TENANT NOTICE OF ANY SUCH CANCELLATION PROMPTLY AFTER
LANDLORD SHALL HAVE RECEIVED WRITTEN NOTICE THEREOF.
TENANT SHALL ALSO PAY ANY
INCREASE IN PREMIUMS ON ANY RENT INSURANCE CARRIED BY LANDLORD FOR ITS
PROTECTION AGAINST RENT LOSS THROUGH FIRE OR CASUALTY IF SUCH INCREASE SHALL
RESULT FROM ANY OF THE FOREGOING EVENTS.
32
13.
HAZARDOUS MATERIALS.
13.1
DEFINITIONS.
AS USED IN THIS LEASE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A)
"ENVIRONMENTAL ACTIVITY" MEANS ANY USE,
STORAGE, HOLDING, RELEASE, EMISSION, DISCHARGE, MANUFACTURING, GENERATION,
PROCESSING, ABATEMENT, REMOVAL, DISPOSITION, HANDLING, TRANSPORTATION, DISCHARGE
OR RELEASE OF ANY HAZARDOUS MATERIALS FROM, INTO, ON OR UNDER THE BUILDING, THE
COMMON AREA OR THE PROPERTY.
(B)
"ENVIRONMENTAL LAWS" MEAN ALL LEGAL
REQUIREMENTS, NOW OR HEREAFTER IN EFFECT, RELATING TO ENVIRONMENTAL CONDITIONS,
INDUSTRIAL HYGIENE OR HAZARDOUS MATERIALS ON, UNDER OR ABOUT THE PROPERTY,
INCLUDING WITHOUT LIMITATION THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, 42 U.S.C. SECTION 9601,
ET SEQ., THE HAZARDOUS MATERIALS TRANSPORTATION ACT, 49 U.S.C. SECTION 1801,
ET SEQ., THE SOLID WASTE DISPOSAL ACT, 42 U.S.C. SECTION 6901, ET SEQ., THE
CLEAN WATER ACT, 33 U.S.C. SECTION 1251, ET SEQ., THE CLEAN AIR ACT, 42 U.S.C.
SECTION 7401, ET SEQ., THE TOXIC SUBSTANCES CONTROL ACT, 15 U.S.C. SECTION 2601
THROUGH 2629, THE SAFE DRINKING WATER ACT, 42 U.S.C. SECTIONS 300F THROUGH 300J,
AND ANY SIMILAR STATE AND LOCAL LAWS AND ORDINANCES AND THE REGULATIONS NOW OR
HEREAFTER ADOPTED AND PUBLISHED AND/OR PROMULGATED PURSUANT THERETO.
(C)
"HAZARDOUS MATERIAL" MEANS ANY CHEMICAL,
SUBSTANCE, MEDICAL OR OTHER WASTE OR COMBINATION THEREOF WHICH IS OR MAY BE
HAZARDOUS TO THE ENVIRONMENT OR HUMAN OR ANIMAL HEALTH OR