TO RESTRICT OR LIMIT TENANT'S UTILIZATION OF THE PARKING AREAS IN
THE EVENT THE SAME BECOME OVERBURDENED AND IN SUCH CASE TO EQUITABLY ALLOCATE ON
PROPORTIONATE BASIS OR ASSIGN PARKING SPACES AMONG TENANT AND THE OTHER TENANTS
OF THE BUILDING, PROVIDED TENANT AT ALL TIMES HAS NOT LESS THAN 4.3 SPACES PER
1,000 SQUARE FEET OF THE PREMISES.
LANDLORD SHALL HAVE THE RIGHT TO ESTABLISH
REASONABLE REGULATIONS, APPLICABLE TO ALL TENANTS, GOVERNING THE USE OF OR
ACCESS TO ANY INTERIOR OR EXTERIOR COMMON AREAS; AND SUCH REGULATIONS, WHEN
COMMUNICATED BY WRITTEN NOTIFICATION FROM LANDLORD TO TENANT, SHALL BE DEEMED
INCORPORATED BY REFERENCE HEREINAFTER AND PART OF THIS LEASE.
12
9.
ENVIRONMENTAL MATTERS
(A)
HAZARDOUS SUBSTANCES.
(I)
TENANT SHALL NOT, EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) BELOW,
BRING OR OTHERWISE CAUSE TO BE BROUGHT OR PERMIT ANY OF ITS AGENTS, EMPLOYEES,
CONTRACTORS OR INVITEES TO BRING IN, ON OR ABOUT ANY PART OF THE PREMISES,
BUILDING OR PROJECT, ANY HAZARDOUS SUBSTANCE OR HAZARDOUS WASTE IN VIOLATION OF
LAW, AS SUCH TERMS ARE OR MAY BE DEFINED IN (X) THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION AND LIABILITY ACT, 42 U.S.C. 9601 ET SEQ., AS THE SAME
MAY FROM TIME TO TIME BE AMENDED, AND THE REGULATIONS PROMULGATED PURSUANT
THERETO ("CERCLA"); THE UNITED STATES DEPARTMENT OF TRANSPORTATION HAZARDOUS
MATERIALS TABLE (49 CFR 172.102); BY THE ENVIRONMENTAL PROTECTION AGENCY AS
HAZARDOUS SUBSTANCES (40 CFR PART 302); THE CLEAN AIR ACT; AND THE CLEAN WATER
ACT, AND ALL AMENDMENTS, MODIFICATIONS OR SUPPLEMENTS THERETO; (Y) THE
INDUSTRIAL SITE RECOVERY ACT, FORMERLY KNOWN AS THE ENVIRONMENTAL CLEANUP
RESPONSIBILITY ACT, N.J.S.A. 13:1K-6 ET SEQ., AS THE SAME MAY FROM TIME TO TIME
BE AMENDED, AND THE REGULATIONS PROMULGATED PURSUANT THERETO ("ISRA"); AND/OR
(Z) ANY OTHER RULE, REGULATION, ORDINANCE, STATUTE OR REQUIREMENTS OF ANY
GOVERNMENTAL OR ADMINISTRATIVE AGENCY REGARDING THE ENVIRONMENT (COLLECTIVELY,
(X) AND (Y) SHALL BE REFERRED TO AS AN "APPLICABLE ENVIRONMENTAL LAW").
(II)
TENANT MAY BRING TO AND USE AT THE PREMISES, HAZARDOUS SUBSTANCES
INCIDENTAL TO ITS NORMAL BUSINESS OPERATIONS UNDER THE SIC CODE REFERENCED IN
ARTICLE 1(1) ABOVE SOLELY IN DE MINIMIS QUANTITIES AND STRICTLY IN ACCORDANCE
WITH ALL APPLICABLE ENVIRONMENTAL LAW.
TENANT SHALL STORE AND HANDLE SUCH
SUBSTANCES IN STRICT ACCORDANCE WITH ALL APPLICABLE ENVIRONMENTAL LAW.
(B)
SIC NUMBERS.
(I)
TENANT REPRESENTS AND WARRANTS THAT (STANDARD INDUSTRIAL
CLASSIFICATION) NUMBER AS DESIGNATED IN THE STANDARD INDUSTRIAL CLASSIFICATION
SYSTEM MANUAL PREPARED BY THE OFFICE OF MANAGEMENT AND BUDGET, AND AS SET FORTH
IN ARTICLE 1(1) HEREOF, IS CORRECT.
TENANT REPRESENTS THAT THE SPECIFIC
ACTIVITIES INTENDED TO BE CARRIED ON IN THE PREMISES ARE IN ACCORDANCE WITH
ARTICLE 1(I) AND TENANT COVENANTS AND AGREES THAT IT WILL NOT DO OR SUFFER
ANYTHING WHICH WILL CAUSE ITS SIC NUMBER (OR THAT OF ANY ASSIGNEE OR SUBTENANT)
TO FALL WITHIN ANY OF THE FOLLOWING "MAJOR GROUP" CLASSIFICATIONS OF SIC NUMBERS
DURING THE TERM (AND ANY EXERCISED RENEWAL TERM) HEREOF: 22 THROUGH 39
INCLUSIVE, 46 THROUGH 49 INCLUSIVE, 51 AND 76 (TOGETHER THE "COVERED NUMBERS").
TENANT FURTHER COVENANTS AND AGREES TO