OR CAUSE TO BE DISCHARGED ANY LIEN IMPOSED UPON THE
PREMISES OR ANY LARGER PARCEL OF LAND OF WHICH THE PREMISES MAY BE A PART IN
CONNECTION WITH ANY SUCH CLAIM.
FOR PURPOSES OF THIS LEASE, "HAZARDOUS
MATERIALS" SHALL MEAN ANY SUBSTANCE REGULATED UNDER ANY ENVIRONMENTAL LAW,
INCLUDING THOSE SUBSTANCES DEFINED IN 42 U.S.C. SEC. 9601(14) OR ANY RELATED OR
APPLICABLE FEDERAL, STATE OR LOCAL STATUTE, LAW, REGULATION, OR ORDINANCE,
POLLUTANTS OF CONTAMINANTS (AS DEFINED IN 42 U.S.C. SEC. 9601(33), PETROLEUM
(INCLUDING CRUDE OIL OR ANY FRACTION THEREOF), ANY FORM OF NATURAL OR SYNTHETIC
GAS, SLUDGE (AS DEFINED IN 42 U.S.C. SEC. 6903(26A), RADIOACTIVE SUBSTANCES,
HAZARDOUS WASTE (AS DEFINED IN 42 U.S.C. SEC. 6903(27)) AND ANY OTHER HAZARDOUS
WASTES, HAZARDOUS SUBSTANCES, CONTAMINANTS, POLLUTANTS OR MATERIALS AS DEFINED,
REGULATED OR DESCRIBED IN ANY OF THE ENVIRONMENTAL LAWS.
AS USED IN THIS LEASE,
"ENVIRONMENTAL LAWS" MEANS ALL FEDERAL, STATE AND LOCAL LAWS RELATING TO THE
PROTECTION OF THE ENVIRONMENT OR HEALTH AND SAFETY, AND ANY RULE OR REGULATION
PROMULGATED THEREUNDER AND ANY ORDER, STANDARD, INTERIM REGULATION, MORATORIUM,
POLICY OR GUIDELINE OF OR PERTAINING TO ANY FEDERAL, STATE OR LOCAL GOVERNMENT,
DEPARTMENT OR AGENCY, INCLUDING BUT NOT LIMITED TO THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED
("CERCLA"), THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 ("SARA"),
THE CLEAN WATER ACT, THE CLEAN AIR ACT, THE TOXIC SUBSTANCES CONTROL ACT, THE
OCCUPATIONAL SAFETY AND HEALTH ACT, THE FEDERAL INSECTICIDE, FUNGICIDE AND
RODENTICIDE ACT, THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT, THE
NATIONAL ENVIRONMENTAL POLICY ACT, THE NOISE CONTROL ACT, THE SAFE DRINKING
WATER ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT ("RCRA"), AS AMENDED, THE
HAZARDOUS MATERIAL TRANSPORTATION ACT, THE REFUSE ACT, THE URANIUM MILL TAILINGS
RADIATION CONTROL ACT AND THE ATOMIC ENERGY ACT AND REGULATIONS OF THE NUCLEAR
REGULATORY AGENCY, MASSACHUSETTS GENERAL LAWS CHAPTERS 21C AND 21E AND ANY OTHER
STATE AND LOCAL COUNTERPARTS OR RELATED STATUTES, LAWS, REGULATIONS, AND ORDER
AND TREATIES OF THE UNITED STATES.
4.3.2
ENVIRONMENTAL ASSESSMENTS.
TENANT SHALL PERMIT
LANDLORD AND LANDLORD'S AGENTS, REPRESENTATIVES AND EMPLOYEES, INCLUDING,
WITHOUT LIMITATION, LEGAL COUNSEL AND ENVIRONMENTAL CONSULTANTS AND ENGINEERS,
ACCESS TO THE PREMISES DURING THE TERM UPON AT LEAST TWENTY-FOUR (24) HOURS'
PRIOR NOTICE (WHICH MAY BE VERBAL) TO THE CHIEF FINANCIAL OFFICER OF TENANT OR
SUCH OTHER EMPLOYEE OF TENANT AS TENANT MAY DESIGNATE TO LANDLORD FROM TIME TO
TIME, AND AT REASONABLE TIMES CONVENIENT TO TENANT FOR PURPOSES OF CONDUCTING
ENVIRONMENTAL ASSESSMENTS.
LANDLORD SHALL PERMIT TENANT OR TENANT'S
REPRESENTATIVES TO BE PRESENT DURING ANY SUCH ASSESSMENT, AND ANY INVESTIGATION
AND SAMPLING.
LANDLORD SHALL AVOID MATERIALLY INTERFERING WITH TENANT'S USE OF
THE PREMISES, AND UPON COMPLETION OF LANDLORD'S ASSESSMENT, INVESTIGATION, AND
SAMPLING, SHALL SUBSTANTIALLY REPAIR AND RESTORE THE AFFECTED AREAS OF THE
PREMISES FROM ANY DAMAGE CAUSED BY THE ASSESSMENT.
SUCH ASSESSMENT SHALL BE AT
LANDLORD'S EXPENSE, PROVIDED THAT IF THE ASSESSMENT SHOWS THAT A RELEASE OF
HAZARDOUS MATERIALS IN VIOLATION OF THIS LEASE HAS OCCURRED, THEN LANDLORD'S
ACTUAL, REASONABLE, OUT-OF-POCKET COSTS RELATING TO SUCH ASSESSMENT SHALL