EXCEPT IN THE CASE
OF EMERGENCY, LANDLORD SHALL MAKE A REASONABLE ATTEMPT TO NOTIFY TENANT BY
TELEPHONE, LETTER, FACSIMILE OR OTHER MEANS PRIOR TO VISITING THE PREMISES,
HOWEVER, FAILURE TO DO SO SHALL NOT CONSTITUTE A DEFAULT BY LANDLORD HEREUNDER.
IN THE EVENT THAT LANDLORD SHOULD NEED TO ENTER THE PREMISES FOR THE PURPOSE OF
MAKING REPAIRS, ALTERATIONS OR IMPROVEMENTS, LANDLORD SHALL SCHEDULE SUCH WORK
IN ACCORDANCE WITH TENANT'S REASONABLE BUSINESS SCHEDULE.
ADDITIONALLY, IN NO
EVENT OTHER THAN AN EMERGENCY WILL LANDLORD ENTER AN EXAMINING ROOM WHILE A
PATIENT IS PRESENT, AND LANDLORD WILL AT ALL TIMES OTHER THAN AN EMERGENCY DEFER
TO THE PRIVACY EXPECTATION OF TENANT'S PATIENTS AT THE REQUEST AND DIRECTION OF
TENANT.
20.
ENVIRONMENTAL MATTERS.
(A)
FOR PURPOSES OF THIS LEASE:
(I)
"CONTAMINATION" AS USED HEREIN MEANS THE UNCONTAINED OR
UNCONTROLLED PRESENCE OF OR RELEASE OF HAZARDOUS SUBSTANCES (AS HEREINAFTER
DEFINED) INTO ANY ENVIRONMENTAL MEDIA FROM, UPON, WITHIN, BELOW, INTO OR ON ANY
PORTION OF THE PREMISES OR THE BUILDING SO AS TO REQUIRE REMEDIATION, CLEANUP OR
INVESTIGATION UNDER ANY APPLICABLE ENVIRONMENTAL LAW (AS HEREINAFTER DEFINED).
(II)
"ENVIRONMENTAL LAWS" AS USED HEREIN MEANS ALL FEDERAL, STATE, AND
LOCAL LAWS, REGULATIONS, ORDERS, PERMITS, ORDINANCES OR OTHER REQUIREMENTS,
CONCERNING PROTECTION OF HUMAN HEALTH, SAFETY AND THE ENVIRONMENT, ALL AS MAY BE
AMENDED FROM TIME TO TIME.
(III)
"HAZARDOUS SUBSTANCES" AS USED HEREIN MEANS ANY HAZARDOUS OR
TOXIC SUBSTANCE, MATERIAL, CHEMICAL, POLLUTANT, CONTAMINANT OR WASTE AS THOSE
TERMS ARE DEFINED BY ANY APPLICABLE ENVIRONMENTAL LAWS (INCLUDING, WITHOUT
LIMITATION, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY
ACT. 42 U.S.C. 9601 ET SEQ. ("CERCLA") AND THE RESOURCE CONSERVATION AND
RECOVERY ACT. 42 U.S.C. 6901 ET SEQ. ["RCRA"]) AND ANY
WASTES, POLYCHLORINATED
BIPHENYLS, UREA FORMALDEHYDE, ASBESTOS, RADIOACTIVE MATERIALS, RADON,
EXPLOSIVES, PETROLEUM PRODUCTS AND OIL.
(B)
LANDLORD REPRESENTS THAT, EXCEPT AS MIGHT OTHERWISE BE SET FORTH IN
ENVIRONMENTAL REPORTS DELIVERED BY LANDLORD TO TENANT, IF ANY (I) LANDLORD HAS
NOT TREATED, STORED OR DISPOSED OF ANY HAZARDOUS SUBSTANCES UPON OR WITHIN THE
PREMISES AND (II) TO LANDLORD'S ACTUAL KNOWLEDGE WITHOUT INVESTIGATION, NO
HAZARDOUS SUBSTANCES ARE PRESENT ON OR UNDER THE BUILDING AS OF THE DATE OF THIS
LEASE.
(C)
TENANT REPRESENTS THAT ALL ITS ACTIVITIES ON THE PREMISES DURING THE
COURSE OF THIS LEASE WILL BE CONDUCTED IN COMPLIANCE WITH ENVIRONMENTAL LAWS.
TENANT, AT TENANT'S SOLE COST AND EXPENSE, SHALL BE RESPONSIBLE FOR OBTAINING
ALL PERMITS OR LICENSES OR APPROVALS UNDER ENVIRONMENTAL LAWS NECESSARY FOR
TENANT'S OPERATION OF ITS BUSINESS ON THE PREMISES AND SHALL MAKE ALL
NOTIFICATIONS AND REGISTRATIONS REQUIRED BY ANY APPLICABLE ENVIRONMENTAL LAWS.
TENANT, AT TENANT'S SOLE COST AND EXPENSE, SHALL AT ALL TIMES COMPLY WITH THE
TERM AND CONDITIONS OF ALL SUCH PERMITS, LICENSES, APPROVALS, NOTIFICATIONS AND
REGISTRATIONS AND WITH ANY OTHER APPLICABLE ENVIRONMENTAL LAWS AFFECTING IN ANY
WAY THE APPROVALS AND MAKE
24
ALL SUCH NOTIFICATIONS AND REGISTRATIONS REQUIRED BY ANY APPLICABLE
ENVIRONMENTAL LAWS NECESSARY FOR TENANT'S OPERATION OF ITS BUSINESS ON THE
PREMISES.
(D)
TENANT SHALL NOT CAUSE OR PERMIT ANY HAZARDOUS SUBSTANCES TO BE BROUGHT